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(영문) 대전지방법원 서산지원 2013.12.13 2013고단822
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Attachment] On July 11, 2012, the Defendant sentenced ten months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Hongsung Branch of the Daejeon District Court on July 11, 2012, and completed the execution of the sentence in the official prison on April 17, 2013.

【Criminal Facts】

1. On August 26, 2013, at the “D Construction Site” located in Seogsan City, on August 26, 2013, the Defendant: (a) stolen the steel bars kept in his/her custody; and (b) stopped in the vicinity of the said construction site; and (c) stolen the amount of one ton of the steel bars owned by the victim, which is equivalent to one million won, from the market price of the said site.

2. On August 26, 2013, from around 10:00 to around 18:00 of the same day, the Defendant driven the F Poter Cargo without obtaining a driver’s license, from around 40km-gun G Defendant’s residence to the “D Construction Site” located in Seosan-si, Seosan-si through the Hannam-si University at Seosan-si, Seosan-si. In addition, from around 10:0 on August 26, 2013, the Defendant driven the F Poter Cargo Vehicle without obtaining a driver’s license on three occasions until around October 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Letters, photographs, and on-site photographs;

1. Previouss before and after judgments: Application of criminal history records, inquiry reports (suspects' inquiry and investigation reports, previous records, and attachment of judgment);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 152 (1) and 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

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

1. Of concurrent crimes, the Defendant, applying the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, has already been sentenced to imprisonment with prison labor on several occasions due to a licenseless driving, and even though it has not yet passed four months since the completion of the execution of the sentence, the crime is not very good due to a licenseless driving.

Furthermore, the defendant is driving a vehicle without a license.

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