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(영문) 대구지방법원 2015.04.09 2015고단436
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 20, 2014, at around 19:50 on December 20, 2014, the Defendant discovered a F typ car owned by the victim E (2 million won at the market price) that was parked in front of the D market public toilet located in the vicinity of the D market public restaurant located in Cheongdo-gun, Cheongdo-gun, and stolen the vehicle by arbitrarily boarding and driving the vehicle.

2. On December 20, 2014, the Defendant was under the influence of alcohol with a blood alcohol level of 0.293% at around 19:50 of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license). On December 20, 2014, the Defendant driven the said tea at a section of about 200 meters from the front of the D market public toilets located in Cheongdo-gun G, Cheongdo-gun, Cheongdo-do to the center of the 26th Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, to the center of the 2

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on proper launch of, and reports on, a driver's license;

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

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service or order to attend lectures;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to four years; and

2. Application of the sentencing criteria;

(a) The basic area (from June to one year and six months) of larceny (the scope of recommendations) for the larceny of general property; and the basic area (the general larceny) of larceny of general property;

(b) Crimes of violating the Road Traffic Act and those of violating the Road Traffic Act: Offenses for which the sentencing criteria have not been set;

(c) The range of recommended sentence according to the standards for handling multiple crimes: imprisonment for not less than six months;

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