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(영문) 대전지방법원 2017.03.17 2015고단2793
절도등
Text

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

Reasons

Punishment of the crime

1. A thief: (a) on March 7, 2015, the Defendant: (b) loaded and stolen pipes, connecting poppy, writing, etc. in Dpoter trucks in a total amount of KRW 2,180,00,00 in the market value owned by the victim C, which was kept at a construction site located in Daejeon Ppo-gu B.

2. On April 21, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DPoter truck without a driver’s license on the front of the Fpoter in Daejeon Seo-gu, Daejeon.

3. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is the driver of the D Poter truck.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 2.

Summary of Evidence

1. Entry of the C Statement;

1. Images of a photograph by capturing CCTVs;

1. Entry into the ledger of driver's licenses;

1. Statement of the investigation report (distribution, etc. of multiple times);

1. Application of the video-related Acts and subordinate statutes to images by cutting down the F gas station CCTV, etc.;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving Point), Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed by the most severe larceny (within the scope of adding up the long-term punishment for each of the above crimes)];

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