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(영문) 대구지방법원 2020.01.30 2019고단6118

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 24, 2019, the Defendant: (a) entered the victim C-owned DPoter Ⅱ, which was parked without being corrected in front of Daegu Northern-gu B, Daegu, on October 24, 2019; (b) entered the vehicle into the vehicle and was received in the vehicle; (c) boarded the time-speed of the said cargo vehicle into the vehicle.

Accordingly, the defendant stolen the victim's property.

2. On October 24, 2019, the Defendant driven a Dpoter Ⅱ truck with a blood alcohol concentration of 0.113% at a section of about 100 meters from the road in front of Daegu Northern-gu B to the road in front of the same Gu, from around 23:15, 2019 to the road in front of the same Gu.

3. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of freight Class Ⅱ.

The Defendant, while under the influence of alcohol as stated in paragraph (2), was driving the above cargo vehicle and continued to turn to the left the front road of the Daegu Northern-gu E-Ba from the boundary of the F Building.

At the time, since the vehicle was parked at night and at the front door, there was a duty of care to prevent accidents and drive safely by accurately manipulating the front door and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left without neglecting it and received the back-hand part of the I PP as the front-hand part of the Defendant’s vehicle owned by the victim H, which was parked on the front-hand road.

Ultimately, the Defendant damaged the car owned by the victim by the above occupational negligence to be equivalent to KRW 1,245,133 of the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The K's statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that choose a punishment, and imprisonment with prison labor;