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(영문) 광주지방법원 목포지원 2016.01.12 2015고단1190
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on March 21, 2014 and completed the execution of the sentence in the military prison on March 21, 2014.

1. A thief: (a) around August 20, 2015, the Defendant entered the victim C’s house located in Namnam-gun B, Namnam-gun, and discovered that the key is stuck onto the victim’s house, which is the victim’s possession of the victim parked in the vehicle, and stolen the said vehicle by driving the vehicle as it is and driving it.

2. On August 20, 2015, the Defendant: (a) driven the said Dworka car under the influence of alcohol content of 0.163% while under the influence of alcohol content 0.163%, without obtaining a driver’s license, on the 50km section from the day before the house of C located in the south-west-gun of South and North Korea on August 20, 2015, to the day before the 01:10 on the 00km from the day before the house of C in the south-west-gun of South and Northwest-gun; and (b) the said Dworka car under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Seizure records;

1. A criminal investigation report (attaching photographs of damaged articles);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation of repeated crimes, etc.);

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

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated concurrent crimes within the scope of the sum of the long-term punishments determined for heavy larceny and that for the above two crimes, the lower limit of such concurrent crimes shall apply thereto; and

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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