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(영문) 대구지방법원 포항지원 2016.04.21 2015고단208

절도등

Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than one year for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

[Criminal Records] On July 7, 2009, the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act in the Port Support of the Daegu District Court.

In addition, on April 11, 2013, the defendant was sentenced to imprisonment for a violation of road traffic law by the same court on the 19th day of the same month, and the judgment became final and conclusive on September 20, 2013, and completed the execution of the sentence.

[Criminal facts]

1. A thief Defendant was inside the victim C house located in Nam-gu, South-gu, at a port of warning on September 23, 2011, at around 08:30 on September 23, 201

D Having the key to the cargo vehicle, and driving the cargo vehicle of approximately KRW 18 million at the market price owned by the victim who was parked in the parking lot.

Accordingly, the defendant stolen the victim's property.

2. On December 25, 2014, the Defendant driven a E-cargo under the influence of alcohol concentration of 0.128% from a high-speed bus terminal located at the center of south-gu at the port on the south-gu level without obtaining a driver’s license from around two kilometers in the section from around two kilometers of the same route, and driving a E-freight under the influence of alcohol level of 0.128% from blood.

Summary of Evidence

1. A protocol concerning the prosecution of the accused and the interrogation of the suspect by the police;

1. Statement made by the police against C;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Investigative reports (to hear statements from victims);

1. Previous convictions in judgment: Inquiry about criminal history and the application of each investigation report (draw driving records; attaching judgment attached) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the relevant Act on the Traffic of Roads, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 329 of the Criminal Act (a point of view);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment on a violation of the Road Traffic Act due to a drinking driving and the violation of the Road Traffic Act due to a driving without a license shall be imposed on a person subject to the punishment on a violation of the Road Traffic Act due to a driving with heavy drinking);

1. Selection of each sentence of imprisonment;

1. The Criminal Act for aggravated repeated crimes.