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(영문) 창원지방법원 2018.05.25 2018고단723
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On January 11, 2018, the Defendant discovered that a victim C, who was parked on a road No. 54-19, located on a 110-lane, a window reduction at Changwon-si, Changwon-si, 2018, was suffering from the running of the said car at the rate of KRW 11,00,000,000, and stolen the said car after driving it.

2. On January 11, 2018, the Defendant driven the said vehicle while under the influence of alcohol leveling 0.150%, without obtaining a driver’s license, from approximately 132 meters at the section of approximately 132 meters from the 110-19th to the 54-39th road at the window of Changwon-si, Changwon-si, a light of the Road Traffic Act (driving without a driver’s license) and the traffic law violation (driving without a driver’s license).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 329 of the Criminal Act (Aptitude) for the crime, Article 148-2 subparagraph 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated within the scope of the sum of the long-term punishment of each of the crimes specified for larceny with heavy punishment and the punishment heavier than the punishment, but the lowest sentence shall be applicable to the punishment specified for the crimes of violating the Road Traffic Act);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant repents and reflects his mistake in depth, that the defendant agreed smoothly with the victim, that there is no other criminal history except that the defendant has been fined several times, and other records and arguments are shown in the motive, means and result of each of the crimes in this case, circumstances after the crime, age of the defendant, sexual behavior, intelligence, environment, etc.

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