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(영문) 춘천지방법원 강릉지원 2015.04.16 2015고단145
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 February 28, 2015, the Defendant discovered the victim E, who was in the front of the Dju shop located in the East Sea in the Dong Sea, with a view to having taken a trial operation amounting to KRW 1.8 million on the road prior to the Dju shop in the Dong Sea, and stolen the said vehicle by driving the said vehicle.

2. On October 9, 2008, the Defendant was sentenced to a fine of KRW 5 million by a fine of KRW 100,000,000, in the same court as on June 22, 2012, at the horizontal site district court, for the crimes of violation of the Road Traffic Act, etc.

On March 1, 2015, the following day from the date and place referred to in paragraph (1) to March 1, 2015, the Defendant driven the said F car under the influence of alcohol 0.105% alcohol concentration, without obtaining a driver’s license for a vehicle with approximately 12 km section from March 1, 2015 to the SK Triju Oil Station in 4234 in the East Sea.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Seizure records, photographs, and investigation reports (specific description of the price of the damaged goods);

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (limited to the aggravation of concurrent crimes with the punishment prescribed for the heavier larceny, but the lower limit thereof shall be the same as the violation of the Road Traffic Act);

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

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act for probation and order to attend a lecture.

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