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(영문) 울산지방법원 2019.10.11 2019고단1428
야간건조물침입절도등
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

"2019 Highest 1428"

1. On March 6, 2019, at around 22:20, the Defendant driven an EM3 vehicle without obtaining a driver’s license in a section of about 12 km from the front of the Ulsan-gu Blllllllle to the road located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and around 23:10 on the same day.

2. On March 6, 2019, the Defendant: (a) around 22:37, the Defendant: (b) opened a restaurant door and entered the said door; and (c) removed KRW 500,000 in cash owned by the victim and kept in the kitchen air conditioners.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

On December 3, 2014, the Defendant was issued a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on September 10, 2018, and a summary order of KRW 4,00,000,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 10, 2018, respectively.

【Criminal Facts】

On June 6, 2019, at around 23:30 on June 6, 2019, the Defendant driven SM3 E-car owned by the Defendant under the influence of alcohol with approximately 500 meters alcohol concentration of 0.142% from the 500-meter radius to the lower side of the same Taecheon-dong, Ulsan-gu, Ulsan-do, Taedong-dong, Taecheon-do, without a driver’s license.

Accordingly, the defendant, who has violated the prohibition on drinking under the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of the prohibition on drinking again, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

[2019 Highest 1428]

1. Defendant's legal statement;

1. F’s statement of statement;

1. Report on occurrence of a theft;

1. Registers of driver's licenses;

1. A photograph of each CCTV closure (2019Nomen2351);

1. Defendant's legal statement;

1. The circumstantial statements and investigation reports shall be made to the host driver; and

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