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(영문) 대전지방법원 홍성지원 2015.05.22 2015고정83
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant was under the influence of alcohol by 0.177% in blood alcohol concentration without obtaining a license for a driver’s license or a motorcycle, from around 15:58 to around 16:10 on January 4, 2015, the Defendant driven D large 125cc in the section from around 150 meters to the front road in Bocheon-si, Bocheon-si, B from around 15:58 to around 15:10 on January 4, 2015.

2. On January 4, 2015, the Defendant: (a) went into the building through the entrance of the victim E, which was operated by the victim E at Boan-si around 16:10, and went into the building and intruded into the building through the entrance that was not corrected.

3. At the same time and place as above thief, the Defendant: (a) took advantage of the gap in the victim’s cresh; and (b) took advantage of the difference in the victim’s cresh, 10,000 square meters (40km) and stolen the victim’s market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 319 (1) of the Criminal Act, and Article 329 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act [the lowest sentence of the punishment shall be applicable to concurrent crimes with the punishment determined for the severe larceny: Provided, That the lowest sentence of the punishment shall be applicable to the punishment determined for the violation of the Road Traffic Act];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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