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(영문) 창원지방법원 밀양지원 2016.08.04 2016고단131
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 15, 2015, the Defendant: (a) Cheongdo-do, Cheongyang-do, 122, a Cheongyang-do, a Cheongyang-do, a Cheongyang-do, a Cheongyang-do, a Cheongyang-do, was installed with a 700,000 U.S. market price, which was owned by the victim B, was cut off with a 1 c

2. On February 22, 2016, the Defendant was under the influence of alcohol leveling 0.061% of alcohol leveling from the street in front of the Sammun Sports Park, up to the North Korean history of smuggling, at around 12, 2016, when pushed down without a motor device bicycle driver’s license at around 14:40 on February 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 329 of the Criminal Act (a point of view) concerning the facts constituting an offense; Article 148-2 Subparag. 3, Article 44(1) of the Road Traffic Act (a point of drinking), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (a point of view of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not good, and the Defendant commits the instant crime again despite the crime of larceny and the violation of Road Traffic Act (non-licenseless driving), strict punishment against the Defendant is necessary.

However, the fact that the defendant's mistake is divided, that the defendant does not have any previous conviction, that the blood alcohol concentration is not high, and that the defendant drives the stobane other than the motor vehicle, that the defendant is also sentenced to protection, observation and community service order along with the suspended execution of imprisonment, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and after the crime.

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