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(영문) 수원지방법원 안산지원 2018.08.29 2018고단1736 (1)
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, on October 29, 2010, has been sentenced to a fine of KRW 5 million in the same court on January 29, 2015, respectively for the same offense in the same court. The Defendant, on October 29, 2010, has been sentenced to a suspended sentence of five months in the year of imprisonment due to a violation of road traffic law (toxicly Driving) in the support of the Suwon Friwon Friwon.

[Criminal facts]

1. On January 24, 2018, at around 15:15, the Defendant:8 of the Victim C, in front of the Victim C’s market value in light of B building at around 15:15, 2018, stolen and stolen eight of the Defendant’s D Poter boxes, carrying them into the Defendant’s D Poter freight.

2. Around 07:00 on March 31, 2018, the Defendant driven a Dpoter II truck with a alcohol concentration of about 6 km from around the Yeongdeungpo-gu Seoul Metropolitan Government E market to the front of the 5-luminous lighting police station, digitally from around 07:00 on March 31, 2018, while under the influence of alcohol concentration of about 0.108%.

The Defendant, on June 3, 2018, driven a 500-meter D Roster from the front side of the F apartment G G in light of light to the first road located in H in the same city, without obtaining a driver's license on around 16:10 on June 3, 2018.

Summary of Evidence

"2018 Highest 1736"

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (as to the on-site CCTV image investigation)

1. Report on the circumstances of driving under the liquor:

1. Previous convictions: Inquiries about criminal history and copies of relevant court rulings "2018 Mano 2419";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 153 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest sentence shall be applicable to the crimes of violating the Road Traffic Act (driving)];

1. In full view of all the conditions of sentencing, including the Defendant’s age, sex, and family relation, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is ordered as ordered by comprehensively considering the following factors:

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