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(영문) 대구지방법원 경주지원 2019.09.25 2019고단192
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

[criminal power] On December 28, 2012, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the same support in the Daegu District Court racing support on December 28, 2012, and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) from the same support on January 29, 2018.

[Criminal facts] The Defendant has been boarding a taxi operated by the victim B along with three daily drivers at the port of port and has been driving at C at the time of destination, which is a destination.

1. On December 26, 2018, around 08:06, the Defendant: (a) was driving before and after a FF association located in E on December 26, 2018; (b) while the Defendant scambling the victim at the time of vision with the victim’s taxi expenses, the Defendant scamed and driven at the driver’s seat of CM5 private taxi in an amount equivalent to KRW 10 million in the market price owned by the victim.

Accordingly, the defendant stolen the victim's property.

2. The Defendant was driving a private taxi without obtaining a driver’s license under the influence of alcohol level of 0.180% from the temporary warning as set forth in paragraph (1) and from the place as set forth in paragraph (1) to the front parking lot of the G building at the time of racing, from the place as set forth in paragraph (1) to the place as set forth in paragraph (1).

As a result, the defendant, who has violated the Road Traffic Act prohibition on drinking more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above prohibition on driving.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on circumstances surrounding drivers, and notification of the results of the regulation of drinking driving;

1. The ledger of driver's licenses of suspects;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry and inquiry reports, and application of Acts and subordinate statutes reporting criminal records;

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).

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