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(영문) 부산지방법원 2013.06.25 2013고단1402
자동차불법사용등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 12, 2009, the Defendant was sentenced to two years in Busan District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on June 17, 201.

1. On January 17, 2013, at around 21:10, the Defendant: (a) discovered a e-mail strawet car parked by the victim D in the C cafeteria located in Busan, Busan, Busan, and (b) tried to drive a car temporarily; and (c) took the f of the parking lot manager who kept the key of the victim’s vehicle without the victim’s consent as if the said vehicle was the owner of the said vehicle, and used the said vehicle for approximately 40 minutes from the said parking lot to the entry of the Busan, Daegu, Daegu, Maritime Shipping Corps to drive the said vehicle at approximately 24 km.

2. The Defendant was driving the said vehicle under the influence of alcohol concentration of 0.125% without obtaining a driver’s license at the time and place stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Statement of the status of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments, and personal identification and confinement;

1. Relevant legal provisions concerning criminal facts, Article 31-2 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

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

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