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(영문) 인천지방법원 2016.12.07 2016고단6976
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant sentenced 8 months to imprisonment for a violation of the Road Traffic Act at the Incheon District Court on November 11, 2015, and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on April 5, 2016.

1. A theft Defendant: (a) around 19:50 on October 17, 2016, on the street in front of “D” located in Namdong-gu Incheon Metropolitan City, Seoul; (b) boarded the victim E-owned vehicle with a height of at least three million won; and (c) stolen it by driving it.

2. On June 18, 2015, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Incheon District Court, and on November 11, 2015, the Defendant was sentenced to imprisonment of eight months for a violation of the Road Traffic Act (driving without a license) or for a violation of the Road Traffic Act (driving without a license).

The Defendant driven the said truck under the influence of alcohol concentration of 0.199% without a driver’s license in the section of about 10km from the date, time, place, to 20:20 on the same day, the same day, to the front distance of the 10km department store in Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. Theft vehicle photographs, a report on the circumstantial statement of the driver, a report on detection of the driver, and a record of reasons for disqualification for driver's license;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment of the same-class judgment attached to the same type of power), report on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to the number of individuals and the current status of confinement;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are the same kind of larceny and drinking driving for the accused.

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