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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On November 28, 2016, the Defendant stolen the key of the vehicle located in the victim B’s located in the guard room located in the Sinpo-si, Sinpo-si, Sinpo-si, Mapo-si, 321 U.S. Mine University Hospital (hereinafter “U.S.”), and discovered the vehicle key of the vehicle at which an emergency enters by operating the vehicle’s key gate, thereby driving the vehicle at the time of emergency, and steals the vehicle at the time.
2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a knife driver’s knife car, which was stolen at the same date and at the same place as the above paragraph 1, at a distance of 23:45 on the same day and a distance equivalent to 0.067% in alcohol content in blood, from the same alcohol level to D in front of the Incheon Southern-dong-gu.
3. On March 18, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle driver’s license, which was revoked on March 18, 2014, and had no driver’s license at the present. However, the Defendant driven a knive typ vehicle, which was stolen at the time and place under the foregoing paragraph (1), at around 23:45 on the same day and up to the number of kilometers in front of the Namdong-gu Incheon Metropolitan City D.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to a report on the situation of driving at home, a closure and the results of crackdown on drinking driving, a report on the situation of the driver at home, a protocol of seizure and a list of seizure;
1. Article 329 of the Criminal Act (a point of view) concerning the facts constituting an offense; Article 148-2 Subparag. 3, Article 44(1) of the Road Traffic Act (a point of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a point of view of driving without a license);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes is aggregated) of the aggravated concurrent crimes.