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(영문) 대구지방법원 안동지원 2016.05.13 2015고단858
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On September 14, 2015, when the Defendant and B walked on the street in front of the E main point operated by the victim D while permanently residing in C around 01:00 on September 14, 2015, the victim’s market value was Ffficacy 49cc, which is equivalent to KRW 400,000 in the victim’s market value. B is viewed as the network, and the Defendant was able to set off the front part of the Otoba, and the Defendant was able to extract the wire by inserting the hand in front part of the Otoba, and the Defendant and B got on and driven the Otoba.

Accordingly, the defendant and B stolen the property of the victim jointly.

2. The defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving on the road from the E-ju shop located in C at permanent residence in the city of the above paragraph (1) to the front road of the salt luminous church located in the same Dong without obtaining a motor device driver's license from about 1km section of about 0.161% of alcohol level during blood while under the influence of alcohol level 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. A report on the circumstances of a driver driving a drinking and the results of crackdown on drinking driving;

1. Investigation report (detailed details on driving licenses);

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Specific larceny: Article 331(2) and (1) of the Criminal Act;

(b) Driving alcohol: Article 148-2 (2) 2 of the Road Traffic Act;

(c) An occupation of driver's license without any license: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act.

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of a sentence of imprisonment with prison labor (or a crime of violating the Traffic Act concerning drinking);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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