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(영문) 수원지방법원 2018.01.16 2017고단7312
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal history] On November 27, 2008, the Defendant was sentenced to 8 months of imprisonment due to a violation of road traffic law at the Suwon Friwon method, etc. On December 3, 2010, the Defendant was sentenced to a summary order of 4 million won for the same crime in the same court on March 30, 2011, and was sentenced to 6 months of imprisonment for the same crime in the same court on March 30, 201, and was sentenced to 6 months of imprisonment for the same crime. On August 27, 2015, the Defendant was sentenced to 6 months of imprisonment for the same crime and was sentenced to 6 months of imprisonment for the same crime at the same court on February 23, 2016, and completed the execution of the sentence in the same prison on February 23, 2016.

[Criminal facts]

1. On July 31, 2017, in front of the D convenience store located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) committed a theft by driving the said car, which was stopped at a temporarily and stopped by the victim E while driving the said car in front of the D convenience store located in Suwon-si, Suwon-si, Seoul for the purpose of fraud.

2. On July 31, 2017, the Defendant was under the influence of alcohol on July 22:18 to 22:22:27, on the road traffic law violation (driving without a license) and the road traffic law violation (driving without a license), and the Defendant driven the F Mtz car from the road front of the DNA convenience store located in Suwon-si C in Suwon-si, Suwon-si, to about 89 Doz. 50 meters away from the road front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the road front of about 50 meters, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. A protocol of seizure and a list of seizure;

1. Photographs;

1. A previous conviction: A reply to inquiry, a report on the previous conviction of each disposition and the result thereof, and the application of Acts and subordinate statutes on personal expropriation;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, and Article 329 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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