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(영문) 광주지방법원 목포지원 2019.09.24 2019고단874
절도등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 17:00 on August 3, 2019, the Defendant: (b) opened a door of the E-learning Motor Vehicle at the victim D, the market price of which is 2.5 million won owned by the victim, which was parked in the “C” parking lot located in the Yanannam-gun, Yannam-gun, Seoul, and stolen the said vehicle by driving it.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said E-learning car without obtaining a driver’s license from around 20:13 on the same day to the front road, after going through a mutual influence in the same area as the Defendant’s dwelling place located in the front-west Military F of the Republic of Korea from the place specified in the preceding paragraph, and from the place specified in the preceding paragraph.

3. Around August 20:13, 2019, the Defendant driven the said E-learning car under the influence of alcohol of about 0.211% of the blood alcohol concentration from the mutual influence, which is located on the front line of the front line of the Yan-gun, Yan-gun, Chungcheongnam-gun, Seoul to the front line of G.

4. The Defendant in violation of the Immigration Control Act is a foreigner of Kazakhstan nationality.

A foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, the Defendant entered the Republic of Korea as a qualification for visa exemption (B1) on February 25, 2019 and stayed in the Republic of Korea on March 27, 2019, despite the expiration of the period of stay, until August 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A H statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes on accusation against individuals, immigration and immigration offenders;

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 94 subparagraph 7, and Article 17 (1) of the Immigration Control Act (a violation of the Immigration Control Act) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (hereinafter referred to as "Fuanan-gun").

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