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(영문) 서울중앙지방법원 2013.04.19 2013고단532

절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 18, 2012, at around 21:20, the Defendant: (a) opened a steering door of the DBT 3 car owned by the victim C, which was parked without correcting the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B Uniform Road; and (b) cut off the vehicle’s key to the vehicle located adjacent to the driver’s seat, thereby getting off and cutting the vehicle.

2. On August 18, 2012, the Defendant continued to drive a DBT 3 car that was stolen at the same date and at the same place as the above Paragraph (1) and without a driver’s license on August 21, 2012, while under the influence of alcohol of about 0.192% of alcohol content, the Defendant, from the place under the above Paragraph (1) through the surface of the water area to the general university at a speed of about 30 km along three lanes in the direction of the city-speed university. The Defendant was under the duty to keep the vehicle at a speed of about 30 km due to occupational negligence, and was under the duty to stop the vehicle at the FBT 3 car driven in the same direction as the victim E (the age of 40, South). However, the Defendant was under the duty to stop the vehicle at a speed of about 40 km in the same direction.

As a result, the Defendant suffered from the injury of light salt, etc., which requires two weeks of medical treatment, to the victim E and the victim G (the age of 37, female) who was on board the said car due to the above occupational negligence.

3. On August 18, 2012, from around 21:20 to around 21:40 of the same day, the Defendant driven the said D small-type 3 car without a driver’s license and under the influence of alcohol content of 0.192% under the influence of alcohol content 0.192%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report (1), (2);

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Registers of driver's licenses;

1. Police seizure records;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 329 of the Criminal Act concerning criminal facts;

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