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(영문) 수원지방법원 평택지원 2016.10.27 2016고단1864
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2016, the Defendant was under the suspension period of a driver’s license (driving without a license) and the violation of the Road Traffic Act (driving without a license) on or around 01:30 on September 8, 2016, while under the influence of alcohol by 0.087 percent of the blood alcohol concentration, the Defendant driven the E-W-in car at the section of approximately 5.3 kilometers in front of the rectal station located in Pyeongtaek-si at the same time in front of the rectal station in the same city.

2. A thief: (a) around 01:0 on September 8, 2016, the Defendant discovered electric cables equivalent to KRW 500,000 at the market price managed by the victim F in the D camping site located in Pyeongtaek-si C; and (b) stolen the Defendant’s vehicle loaded into the cargo after loading the Defendant’s low-speed car.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The circumstantial statement of the employee;

1. Details of the disposition suspending the driver's license;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of Article 148-2 (2) 3, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting the crime, and Article 329 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The scope of recommending sentencing guidelines for the application of the lower limit: consideration of all circumstances, including the fact that victims of larceny do not want the punishment of a defendant, in the mitigation area (from April to October) of Type II (general larceny) for general property;

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