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(영문) 대전지방법원 논산지원 2015.01.16 2014고단387
절도등
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

1. A theft: (a) around 20:00 on July 28, 2014, the Defendant discovered that the key is posted inside the DSS3 car at the market value of the victim C, who was parked there, located in front of the Hanam-gun, Chungcheongnam-gun, and used the said car to return the key into the said car, thereby thefting it.

2. On July 28, 2014, the Defendant: (a) while driving a vehicle as specified in paragraph (1) while under the influence of alcohol of 0.180% without a vehicle driver’s license on July 20, 2014; (b) while driving the road in front of the “F-winging 8 Vehicle of Haak-gu” in the month Haak-gun, the Defendant received the part of the back-hand part of the F-wing and cargo vehicle owned by the victim E, parked in the surrounding area, and the back-hand part of the victim’s H K3 vehicle owned by the victim G, the lower part of the back-hand part of the H K3 vehicle driven by each Defendant with the right-hand pan and side of the vehicle driven by each Defendant.

The defendant caused the damage to the victim E's above cargo vehicle of KRW 394,744 to repair cost, and damages the victim G's above passenger vehicle of KRW 802,796 to repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Each entry of the police statements in E and G;

1. The application of the respective Acts and subordinate statutes, including a circumstantial statement of a drinking driver, a report on the results of the drinking driving control, a photograph (investigative records, page 25), a survey report on the actual condition, a photograph on the scene of an accident, a written estimate (in pages 58, page 62), a register of driver's licenses for motor vehicles,

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, and Article 151 of the Road Traffic Act, respectively;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of violating the Road Traffic Act and the violation of the Road Traffic Act (the crime of driving without a license);

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