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(영문) 광주지방법원 2018.07.19 2018고단987
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. On February 26, 2018, at around 21:30, the Defendant: (a) opened a door in which the victim D was parked on the front road of Gwangju Northern-gu, and carried into the door, and used the key in the location, thereby thefting the said vehicle.

2. On February 26, 2018, the Defendant driven the pertinent car at 2 km from the Do in front of Gwangju North-gu, Gwangju, to the chill distance from the Do in the new draft cancer, while under the influence of alcohol by 0.144% during blood transfusion at around 21:30 on February 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Each photograph (the No. 4, 12 of the evidence list);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 329 of the Criminal Act (a point of Section 1), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of drinking) of the relevant Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Provided, That the small amount of punishment prescribed for a crime violating the Road Traffic Act shall be set at the lowest limit);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, when comprehensively considering all the circumstances, such as the following: (a) although the Defendant was subject to juvenile protective disposition due to larceny, the Defendant committed each of the instant offenses during the period of the suspension of the execution of imprisonment due to the violation of the Military Service Act; (b) the Defendant’s mistake was recognized; (c) the victim of the larceny did not want to punish the Defendant; (d) the victim did not have any history of criminal punishment due to drinking driving; and (e) the Defendant’s family members are under the guidance of the Defendant, it is determined that it is reasonable to give the Defendant an opportunity to live in good faith while taking care of himself/herself within society only once.

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