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(영문) 수원지방법원 2016.04.07 2015고정3082
자동차불법사용등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On October 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. at the Young-gu District Court Young-gu District Court Young-gu District Court’s territorial support, and the judgment became final and conclusive on November 12, 2015.

[Criminal facts]

1. On January 29, 2015, at C’s house located in Sinsan City, 05:30 on January 29, 2015, the Defendant illegally used a vehicle owned by the victim with the keys’s control, and without the victim’s or F’s consent, while driving the said vehicle that was parked in the vicinity of C’s house by using the said keys, and illegally used the said vehicle owned by the victim.

2. On January 29, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of the E- working class i x car without a vehicle driver’s license in the section of approximately 300 km at a distance of about 300 km from the vicinity of the C’s house located in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, to the point of 96 knifebbbbb Hands located in Seocheon-si, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Vehicle theft report;

1. The driver's license ledger;

1. A report on internal investigation (related to checking the value of damaged vehicles and calculating the driving distance without a license);

1. Previous convictions in judgment: Application of the defendant's legal statement and copy of the text of judgment (Seoul District Court Decision 2015 High Court Decision 168 High Court Decision 168);

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Article 331-2 of the Criminal Act (the illegal use of a motor vehicle), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized his mistake and against himself; (b) C, the actual owner of the vehicle as indicated in the judgment, expressed his intention not to punish the Defendant in the prosecution; and (c) the first head of the judgment in the ex post concurrent relationship.

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