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(영문) 서울중앙지방법원 2013.04.26 2012고합1799

특수강도등

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 of the final judgment.

Reasons

Punishment of the crime

1. A thief, while under the influence of alcohol on August 10, 2012, the Defendant: (a) intruded the victim D Agricultural Cooperative Co., Ltd, which was located in Gangwon Iron-gun, beyond a fence installed in the rice processing complex in front of the rice processing complex of the victim D Agricultural Cooperative; and (b) discovered the key in the vehicle owned by the victim, who was parked in the warehouse, and tried to cut the fence by sticking it at the start; (c) but (d) as the fence was not possible to drive the said vehicle with the wheels of the said fork on the steel net, the Defendant continued to drive the vehicle with the wheels of the said victim’s truck, which was parked in the vicinity of the warehouse, and continued to run the vehicle by getting a stop.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Road Traffic Act (Incriminary Measures) (Incriminary Measures) the Defendant driven the above E-Vehicle while under the influence of alcohol at the time and place specified in paragraph (1) and led the Defendant to proceed to the road before the Ministry of National Defense Research Institute located in the Dongwon-gun, Jeonwon-gun, Dongwon-gun, Dongwon-dong

At this point, it is a road of one-lane and has been installed a dicking day to distinguish between the debate and the boundary, so there was a duty of care to protect the vehicle's driver and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received a dives set up therein.

Ultimately, the Defendant, by the above occupational negligence, escaped without taking measures, such as destroying the guard day on the market price, immediately stopping, and confirming the damage situation.

3. In order to verify the accident situation, the victim F (year 41) who was driven following the cargo vehicle at the time and place specified in Paragraph 2, the Defendant cited the victim F (year 41) in his/her own Galburged car, and the Kenyae in his/her own truck ( approximately 25 cm in length, about 37 cm in length, and No. 1 in length).

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