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(영문) 창원지방법원마산지원 2020.11.10 2020고단799
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 24, 2011, the Defendant issued a summary order of a fine of one million won at the Changwon District Court for a violation of the Road Traffic Act (driving).

On July 23, 2020, at around 20:40, the Defendant driven a F-wing-III truck with a blood alcohol concentration of about 0.176% under the influence of alcohol on the road of about 1km from around C cafeteria in the Haban-gun B to front of the entrance of the E parking lot located in D.

"200 Highest 821"

1. At around 15:00 on March 30, 2020, the Defendant: (a) committed the crime against the victim G, in the dry field of the victim G located in the Haban-gun H; (b) by means of cutting 12 iron plates in the aggregate amounting to 10,000 won in the market value of the victim’s possession; (c) 30 iron bars, the total market value of which exceeds 10,000 won; and (d) 12 iron plates, the total market value of which exceeds 10,000 won in the vehicle.

2. On April 3, 2020, the Defendant: (a) committed the crime against the victim I in the Haan-gun, the Defendant stolen 20,000 won of the total market value of the victim’s management on the roof, by carrying 3,20,000 won on the vehicle.

Summary of Evidence

[200 Highest 799]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. For previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), and summary orders "20 Highest 821";

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. G statements;

1. A report on internal investigation (Attachment of field photographs), and 11 copies of field photographs;

1. Application of Acts and subordinate statutes to report on investigation (referring to the confirmation of damaged goods by victim G);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 329 of each Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment provided for larceny of paragraph (2) of the same Article, which is the largest penalty, shall be the penalty provided for in the punishment of larceny of paragraph (2) of the same Article.

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