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(영문) 울산지방법원 2016.09.01 2015고단1148
야간주거침입절도미수
Text

A person shall be punished by imprisonment with prison labor for not less than six months and for not more than six months with prison labor for the crime No. 2 of the judgment of the defendant.

Reasons

Punishment of the crime

On May 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor or two years of suspended execution for night building intrusion larceny in Busan District Court, and the above judgment became final and conclusive on May 29, 2015.

1. On May 10, 2015, at around 05:08, the Defendant went into a “D” childcare center operated by the victim C in Ulsandong-gu, Ulsandong-gu, and went into a “D” childcare center through the third floor window of the above childcare center, and subsequently, the Defendant did not commit an attempted act without the theft of the damaged goods, because it is likely that the three compacts and telephone labels installed at the same place might be cut off and cut out.

2. On August 19, 2013, the Defendant received a summary order of KRW 4 million as a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Busan East Branch Support, on January 29, 2014, a fine of KRW 1 million for a violation of the Road Traffic Act (driving without a license) and a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license) on January 23, 2015, respectively.

On June 12, 2016, at around 21:25, the Defendant driven an Eystex vehicle with a blood alcohol concentration of about 0.075% without obtaining a driver’s license at the section of approximately 100 meters in front of a high-speed restaurant located in the same doer-dong in the same doer-dong in the non-permanent area of the Kimhae-si, Kim Jong-si.

As a result, the Defendant, who violated the prohibition of drunk driving not less than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. A report on generation, a criminal investigation report (specific suspect), a criminal investigation report (CCTV photographs attached thereto, and each photograph);

1. Previous records of judgment: Criminal records, previous records of disposition and report on results of confirmation, investigation reports (Attachment to previous records of the same criminal records and other copies of the judgment), and application of statutes governing the judgment;

1. Relevant Articles 342 and 330 of the Criminal Act concerning criminal facts (the attempted larceny at night).

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