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(영문) 서울서부지방법원 2016.03.29 2015고단2818
절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be forfeited from the defendant.

The facts charged of this case.

Reasons

Punishment of the crime

1. A thief: (a) around 00:40 on August 17, 2015, the Defendant stolen, using a key owned by the victim D, who was parked on the street in front of Yongsan-gu Seoul Metropolitan Government, and was in possession of the Ethtoba, thereby getting on and off the city.

2. On August 17, 2015, the Defendant driven the Obane as described in paragraph 1, from the place described in paragraph 1 to the first road in Yongsan-gu Seoul Metropolitan Government, while under the influence of alcohol level of 0.19% among blood transfusion around 00:40 on August 17, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to photographs of damaged dives;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime(s) and Article 329 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, was sentenced to imprisonment with prison labor for one year and six months, and three years of suspension of execution, as of March 14, 2014, and the above judgment became final and conclusive on June 21, 2014, and was thus during the grace period, committed the instant crime, which was driven in the state of drinking, by larceny of another person, and the record of the instant crime, other than the record of the instant crime, was punished for the same crime as that of each of the instant crimes.

Therefore, the sentence of sentence on the defendant is inevitable.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the fact that the defendant has mistakenly recognized the defendant; (b) the agreement has been reached with the thief victim; (c) the circumstances after the crime of this case; and (d) the age, sex, environment, family relationship, etc. of the defendant.

Dismissal of Public Prosecution

1. The summary of the facts charged is the person who is engaged in driving over the ECA110V.

On August 17, 2015, the Defendant is drunk with 00:40 on August 17, 2015, alcohol concentration of 0.19%.

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