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(영문) 수원지방법원 안산지원 2014.02.06 2013고단3196
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 28, 2007, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on June 28, 2007, and on April 3, 2012, a person other than those who received a summary order of 5 million won of a fine for a violation of the Road Traffic Act (driving) is a person with the same kind of power more than once

【Criminal Facts】

1. A thief: (a) around 18:00 on Apr. 1, 2013, the Defendant: (b) stolen the victim D management in Ansan-si Group C with one F vehicle number plate located therein; and (c) stolen the victim.

2. On April 19, 2013, the Defendant illegally used air defense, attaching the F Vehicle Number Board that was stolen, as above, to the back number plate of G car owned by the Defendant, around the 19:00 from the beginning of April 2013, the Defendant illegally used air.

3. On August 8, 2013, the Defendant: (a) exercised the above G car with the F registration number plate attached from the king Station near Sinsi-dong, Sinsi-si to the front road from around 200 meters prior to the 18th day of the same 2317-18th day; (b) exercised the air mark that was unlawfully used; and (c) denied the registration number plate.

4. The Defendant, at the same time and place as above 3.3. paragraph, driven the said G car at approximately 200 meters in a state of alcohol with a blood alcohol concentration of about 0.057% without obtaining a driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Report on circumstantial statements of a drinking driver, report on the results of the control of drinking driving, seizure records, photographing of vehicles, and investigation report;

1. Application of Acts and subordinate statutes to inquiries, notifications of dispositions, undispositions, and reports on results of confirmation;

1. Relevant Articles 329, 238(1) and (2) of the Criminal Act concerning criminal facts; Articles 78 subparag. 2 and 71(1) of the Automobile Management Act; Articles 148-2(1)1, 44(1), 152 subparag. 1, and 43 of the Road Traffic Act.

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