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(영문) 수원지방법원 성남지원 2017.06.14 2016고단4044

절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2, 2014, the Defendant was sentenced to a suspended sentence of 8 months due to a violation of road traffic law (drinking driving) at the Sungnam branch support center on May 2, 2014. On September 15, 2014, the Defendant was sentenced to a suspended sentence of 4 million won by a fine of 4 million won due to a violation of road traffic law (drinking driving) at the Suwon branch center on September 15, 2014.

[Criminal facts]

1. On June 13, 2016, the Defendant: (a) driven a Cpoter cargo vehicle under the influence of alcohol concentration of 0.065% from the blood alcohol level to the 123-1st road of the Orpo-si in Gwangju City at around 16:50 on June 13, 2016.

2. On June 13, 2016, the Defendant attempted to larceny: (a) around 16:50 on June 13, 2016, the Defendant failed to commit an attempted theft, while loading in Category C Poter Cargo, the market price managed by the victim E at the New Construction Site in Gwangju-si, and without having the intent to commit a theft.

On March 3, 2017, the Defendant: (a) around 23:57 on March 23, 2017, the Defendant: (b) taken several times the body of the victim due to the fact that the Defendant’s house located in Gwangju City F does not show the passbook in which the basic livelihood benefits are deposited; (c) taken several times the body of the victim on the ground that he did not show the passbook in which the basic livelihood benefits are deposited; (d) taken the body of the victim on the ground that he did not show the victim’s shoulder and face; and (e) taken the part of the dangerous articles in the room after drinking the victim’s face; and (e) sustained the victim’s bodily injury with the number of days of treatment.

Summary of Evidence

"2016 Highest 4044"

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Investigation report (on-site situations and related persons' statements);

1. An investigation report (a statement of the operator of H cafeteria);

1. Previous convictions in judgment: Results of inquiry and investigation reports (report attached to the judgment). "2017 High Order 917";

1. Statement by the defendant in court;

1. Statement of the police statement related to each G;

1. Application of Acts and subordinate statutes to investigation reports and family environment investigation reports;

1. Relevant legal provisions and Articles 342 and 329 of the Criminal Act concerning criminal facts (the point of attempted larceny and punishment by imprisonment);