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(영문) 수원지방법원 여주지원 2014.04.04 2014고정37
절도등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A thief: (a) around 01:00 on October 5, 2013, the Defendant: (b) opened a 2.5 million won-in front of the “Diplomatic Association” (hereinafter “Diplomatic Association”); (c) opened a f.i.e., the market price of the victim E-owned by the victim E, who was parked in the way of “Diplomatic Association” located in G, Gyeonggi-do; and (d) driven the vehicle by driving it in the way of starting the vehicle

2. Around October 5, 2013, the Defendant was under the influence of alcohol with blood alcohol level of 0.137% without a vehicle driver’s license, and the Defendant driven the above-wing vehicle in the same way as described in paragraph (1), from the front side of the “DU convenience” to the front side of the “CU convenience store” located in the same road at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. The provisions of Acts and subordinate statutes concerning the state of operation without a license and the detailed report on driving license;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental disorders (Consideration of the accused's intellectual ability, drinking, etc.);

1. Of concurrent crimes, the first sentence of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (the heavier punishment for larceny shall be added to concurrent crimes, but the lower limit shall be pursuant to those prescribed for the violation of the Road Traffic Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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