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(영문) 수원지방법원 안산지원 2012.08.24 2012고합279

절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on July 15, 2009, and on March 9, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at Suwon District Court on March 17, 201, and the said judgment became final and conclusive on March 17, 201, and is currently under the suspended sentence.

【Criminal Facts】

1. At around 20:45, Jun. 11, 2012, the Defendant: (a) discovered Esch Rexton vehicles with the market price of KRW 8 million owned by the victim D (the age of 46) who was parked in the “Csing shop” side of the members of Ansan-si, Ansan-si; (b) opened an unrecepting chief door and opened the contact head; and (c) found the vehicle’s auxiliary heat following the contact head; and (d) stolen the said vehicle owned by the victim by driving the vehicle by walking the vehicle at the speed of the Dong with its key.

2. Violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) were driven by the Defendant, at the time and place under the preceding paragraph, at the section of about 15 km from the loan to the front road of the loan north-dong 216, Ansan-si, Ansan-si without a driver’s license, at the same time and place under the preceding paragraph, while under the influence of alcohol by 0.140% in blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure, list of seizure, photographs of each case, records on driving of a driver, and register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of summary order No. 2010 high-class 3580 of the Suwon District Court Act, No. 2010 high-level 2009 high-level 14237 of the Suwon District Court Act;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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 penalty: