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(영문) 전주지방법원 정읍지원 2016.12.22 2016고단459
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 7, 2016, at around 21:25, the Defendant discovered a DNA cargo vehicle in an amount of KRW 7 million at the market price owned by the injured party C, which was parked in the road located in the frontwest-gun, the Defendant: (a) opened a door of the said cargo vehicle that was not locked by the injured party using the crepit; (b) opened the door of the said cargo vehicle; and (c) opened it on the driver’s seat; and (d) opened the said cargo vehicle and driven it back to the knife while sticked on the said cargo vehicle.

Accordingly, the defendant stolen the victim's property.

2. Around September 21, 2016, the Defendant driven D Poter Cargo Vehicles with a blood alcohol concentration of about 0.196% in a section of approximately one kilometer from September 25, 2016 to the roads in front of the E-cafeteria located in B located in the Jeonbuk-gun located in the Jeonbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of CCTV photographs and statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the violation of statutes, the point agreed upon with the victim, and the point of implementing a compliance);

1. Probation, orders to attend lectures, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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