A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

[2019 Highest 1019] Criminal Power A was issued a summary order of KRW 3 million at the Daejeon District Court's Seosan on September 27, 2013 due to a violation of the Road Traffic Act (driving). On April 10, 2015, the same court issued a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

Criminal facts

Defendant

A On August 11, 2019, around 17:10, 17:10, driving D Poter cargo under the influence of alcohol level of about 10km from the front side of the Gu Pilotage-si, Chungcheongnam-si to the front side of the same city.

Accordingly, Defendant A violated the prohibition of drunk driving more than twice.

[2019 order 1076] On March 12, 2019, at the construction site of “G company” operated by the victim F of the victim F in Seocho-si, Sinsan-si, the Defendants loaded H Ⅱ-II-type cargo, which Defendant A driven and Defendant B boarded to the chief of the group, and went into such place. The Defendants carried approximately approximately KRW 500 km (50,000) of the market value of the victim F, which was owned by the victim F.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

[2019 Highest 1019]

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc., investigation reports (verification of the same type of power);

1. Defendants’ respective legal statements

1. A written statement;

1. On-site photographs, CCTV images, closure photographs and anti-water photographs;

1. Application of the register of automobiles statutes

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 331 (2) and (1) (the point of special larceny) of the Criminal Act: Article 331 (2) and (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant B of suspended execution: Defendant A of the reason for sentencing under Article 62(1) of the Criminal Act; the suspended execution of imprisonment.