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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. At around 00:30 on June 11, 2013, the Defendant: (a) opened a thief set of a passenger car in front of C, which was parked in C; and (b) driven the said vehicle into the key of the vehicle located in C, and stolen it.
2. Unlicensed driving. The Defendant, without a driver’s license, driven approximately 40km to the Seopo Police Station’s patrol box office located in Seopo Police Station No. 777-2, on the front line at the time of sending the stolen vehicle, as described in paragraph 1, under the influence of alcohol concentration of 0.189%, without a driver’s license.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to reports on detection of drivers and investigation reports (Attachment to inquiries about drivers' licenses of suspects);
1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Selection of a fine;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. A provisional payment order: A sentence shall be determined as per the disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that a crime is recognized, the fact that a stolen article has been returned to the victim, the circumstances disadvantageous to the self-denunciation: The fact that blood alcohol concentration is considerably high, and there are criminal records for at least the same suspension of execution [2 years of imprisonment with prison labor for a violation of the Road Traffic Act (Operation without Permission, etc. on January 13, 2010), six months, and suspension of execution]. It is so decided as per the disposition as per the disposition on the grounds that the criminal motive circumstances, the defendant's health condition, etc. is higher