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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2017 Highest 597"
1. On April 1, 2017, at around 03:05, the Defendant illegally used a motor device bicycle on the street in front of the “D” located in Ischeon-si, Leecheon-si, and discovered a F125CC (Engine bicycle) operated by the victim E, driving a motor device without the victim’s consent, driving it up to Leecheon- High School located in 16 Doo-ro 16 o in the same city, and returned to the front street of the said “D” again, and used it in the section of approximately 2.6 km.
Accordingly, the defendant used the motor device bicycle of the victim temporarily without the consent of the victim who is the right holder.
2. The Defendant on the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) operated a motor device bicycle under the influence of alcohol with 0.136% alcohol concentration in the blood without obtaining a motor device bicycle license at the time and place mentioned in the above 1.1.
The defendant of "2017 Highest 633" is an employee from April 15, 2017 to the first convenience store operated by the victim H in Leecheon-si from around 21:00 to Leecheon-si.
Between April 16, 2017 and around 08:50 on April 16, 2017, the Defendant opened a 55 Chapter for lottery tickets equivalent to the total market value of 75,000 won from the above convenience store, and put 75,000 won into a flapul, and put 75,000 won in a simplified credit cooperative, and deducted the cash amount of 75,000 won in a simplified credit cooperative.
L. A. L. theft was committed.
Summary of Evidence
1. The defendant's statement at court (2017 Highest 597);
1. Each report on internal investigation:
1. A written statement of E and J;
1. Report on the circumstances of driving under the liquor:
1. Statement of the circumstances of driving at home;
1. A protocol of seizure and a list of seizure;
1. Statement protocol with respect to E;
1. Investigation report (Inquiry of Defendant’s driver’s license) and detailed details of the driver’s license “2017 Height 633”;
1. The criminal place;
1. A H statement;
1. Statement made with H;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim H telephone);
1. Article 331-2 of the Criminal Code for the crime at issue of the relevant law, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.