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(영문) 서울동부지방법원 2019.02.14 2018고단3653

절도등

Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 6, 2018, at around 03:32, 2018, the Defendant thiefeded the victim D, who was divingd in a cover of a sign board in front of the “C” located in Gwangjin-gu Seoul Special Metropolitan City, while under the influence of alcohol, and went back to the victim D, who was in possession of the victim, followed the bank by the victim’s possession, and turned out the wall with the cash amounting to KRW 10,000,000 at the market price consisting of one driver’s license, one credit card, etc.

Accordingly, the Defendant stolen the property owned by the victim.

2. No person who has violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act shall drive any motor bicycle without obtaining a license therefor, or drive any motorcycle on a road which has not been covered by the mandatory insurance;

Nevertheless, at around 01:00 on September 6, 2018, the Defendant, without obtaining a driver’s license, driven a motor bicycle with approximately 6 km section from the front road of the Seoul Jung-gu, Seoul, to the long distance of the building zone located in the Seoyang-dong, Gwangjin-gu, Seoul, and around 03:42 on the same day, the Defendant driven a motor bicycle with about 125cc “fwing” in the state of unregistered registration, which was not covered by mandatory insurance in approximately 4 km section from the front road of the Seoul, Jung-gu, Seoul, to the front road of the Seoul, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Report on internal investigation (Analysis of CCTV at the place of occurrence and confirmation of the suspect form);

1. Registers of driver's licenses;

1. Investigation report (Attachment of Suspect A and Obstopy), Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.