logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.07.17 2014고단1481
절도등
Text

A defendant shall be punished by imprisonment for one year.

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 May 14, 2014, at around 21:35, the Defendant stolen the said car by driving a F Tworkd car owned by the victim, who was temporarily stopped without correcting the vehicle door, on the D convenience store located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, without stopping the victim E in front of the D convenience store.

2. The Defendant was driving the said car on the date and time set forth in the above paragraph (1) of the Road Traffic Act and on the place of the said paragraph of the Road Traffic Act with a blood alcohol concentration of 0.219% under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to the punishment prescribed for the crime of violation of the Road Traffic Act in the case of concurrent crimes among concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for the same crime, and the crime of this case is against the defendant's disadvantage under the circumstances that the defendant, while driving another person's vehicle without permission under the influence of alcohol concentration of 0.219%, causes contact with two vehicles beyond the central line, etc., due to the fact that the defendant's act of this case is against the defendant's confession of the crime of this case as the disabled of class 3 without delay.

arrow