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(영문) 수원지방법원 안양지원 2020.02.14 2019고단2521
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2015, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court.

On April 18, 2019, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor for a special injury in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on the 26th of the same month, and is currently under suspended sentence.

【Criminal Facts】

1. A thief, around 01:40 on December 2, 2019, the Defendant: (a) was on board the victim’s front of a restaurant located in Sinpo City B and moved to a destination; (b) when the patrol car stops on the front of the same city Fstasi, which is owned by the victim D while driving in front of the restaurant located in Sinpo City B; (c) was stopped on the front of the same city in accordance with the stop signal; (d) was in violation of the stop signal to the victim without any particular reason; and (e) was able to avoid disturbance while demanding a sudden change.

In order to request the victim to help by getting a patrol lane, the defendant laid the above taxi and moved the above taxi to the driver's seat, and followed the speed by getting the above taxi to the driver's seat while driving the above taxi.

Accordingly, the Defendant stolen a rocketing taxi equivalent to KRW 17 million in the market price owned by the victim.

2. The Defendant was under the influence of alcohol with the blood alcohol concentration of 0.117% without obtaining a driver’s license from a vehicle at the time, place, and place specified in paragraph (1) of this Article. The Defendant was under the influence of alcohol with the blood alcohol concentration of 0.17%.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the control of drinking driving;

1. Previous convictions: Criminal records, investigation reports (verification during the period of suspension of execution of sentence), investigation reports (the same criminal records as suspects), and copies of written judgments;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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