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(영문) 수원지방법원 2017.12.13 2017고단5683
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 29, 2015, the Defendant was sentenced to a summary order of a fine of KRW 6 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court Port Support on August 12, 2015, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court Port Support on August 12, 2015, and on June 20, 2017, the Defendant was sentenced to imprisonment of KRW 6 months with labor for a violation of the Road Traffic Act (driving of Drinking) and the said judgment became final and conclusive on June 28, 2017, and is currently under suspension of execution.

1. A thief: (a) around August 2, 2017, the Defendant discovered a Fwing and cooling vehicle owned by the victim E, who was preparing for operation while driving a D agency located in Osan City, Osan-si, and was on board the seat of the driver, and stolen the vehicle after driving the vehicle.

2. The Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D agency located in Osan-si, Osan-si, as indicated in paragraph (1) above, driven the Fwing and heating vehicle under the influence of alcohol 0.350% of alcohol concentration in blood without a driver’s license, from approximately 573 meters away from the D agency located in Osan-si, Osan-si, to the G-si, Osan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in H and E;

1. Reports on traffic accidents, reports on the circumstances of the driver involved in driving, on-site photographs, and the register of driver's licenses;

1. Application of a reply to inquiry, such as criminal history, summary order, and copy of the judgment;

1. Article 329 of the Criminal Act (a point of Section 1), Article 148-2 subparag. 1, Article 44(1) (a point of drinking), Article 152 subparag. 1, and Article 43 (a) of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The defendant is in favor of the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes.

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