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(영문) 대전지방법원 홍성지원 2014.02.14 2013고단1096
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. At around 15:00 on December 7, 2013, E and the Defendant: (a) discovered an EXE car in front of the “new franchisium” located in the Chungcheongnam-gu Seoul Metropolitan City Eup/Myeon; (b) discovered a EXE car in front of the “new franchisium,” the key of which is parked in the vehicle; and (c) conspired to take off and take off it; and (d) the Defendant boarded the seat and boarded the vehicle by driving the vehicle with a view to driving the vehicle after getting on the front franchisium.

2. On December 15, 2013, from around 15:00 to 17:30, the Defendant, a single criminal defendant, without obtaining a driver’s license from the street in front of the “new franchisium” located in the Chungcheongnam-gu Seoul Metropolitan City Eup/Myeon, Chungcheongnam-do, to the road in commercial buildings. The Defendant, while under the influence of alcohol with a blood alcohol content of 0.206%, driven a vehicle with C EXE as described in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect E by the prosecution;

1. Statement made to D by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Seizure record and list;

1. The application of Acts and subordinate statutes to each investigation report (on-site forwarding situation, etc., and a trend of alcohol concentration in A);

1. Relevant provisions of Article 331(2) and (1) of the Criminal Act for the crime concerned, Article 148-2(2)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act for the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment for a special larceny prescribed by heavier special punishment), among concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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