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(영문) 대구지방법원 김천지원 2013.04.25 2013고단226

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 03:40 on February 20, 2013, the Defendant discovered that a e-coos car is parked in front of the convenience store in the Gu, Si, Si, U.S.A., the victim D’s market price of KRW 4 million, and opened a e-coos car in which the said car was opened, opened a coos car, and cut off the said car by using the car knife in which the said car was located, and then driving the said car on the knife.

2. The Defendant: (a) violated the Road Traffic Act (driving) and the Road Traffic Act (unlicensed driving) at the time and place specified in Paragraph (1); and (b) driven the said Accs car without the driver’s license in a state of under the influence of alcohol of about 500 meters from the time and place of the Acs car to the human-dong street road located in the same time, and without the driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Report on the status of running a motor vehicle, report on detection of a driver, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 148-2 (2) 1, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the concurrent crimes with severe punishment prescribed for larceny, but the lower limit shall be the same as the punishment prescribed for the violation of the Road Traffic Act];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.