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(영문) 의정부지방법원 고양지원 2015.02.06 2014고단2443

횡령등

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

[2014 Highest 2443]

1. On June 11, 2014, the Defendant heard that the victim C could not use his/her bankbook due to personal reasons, and that he/she could not use his/her bankbooks, and that the head of Tong was needed for the supply and demand of construction work, etc., the Defendant sent the passbook, cash card, etc. of the Agricultural Cooperative (C) to the victim in order through the said passbook B, E, and F, and had the victim use the said account, and he/she transferred the money to the said account in June 11, 2014, when he/she transferred the money to the said account in return for labor cost reimbursement for the victim from the Ba engine Co., Ltd., Ltd., and the Defendant arbitrarily released the said money after being issued a new passbook on the same day, regardless of the status of the person who keeps the above money in his/her own passbook, and used

Accordingly, the defendant embezzled the victim's property.

[2014 Highest 2994]

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car volume.

At around 23:50 on November 23, 2014, the Defendant driven the above SM520 vehicle and driven the two-lane road in front of the 14-lane Woo-gu Woo-dong Woo-dong Woo-dong Woo-gu SM520 in a state that it is impossible to drive the vehicle normally due to the clibing of the face while the walking condition is clear, and the blood color of the face is so long as it is impossible to drive the vehicle normally, and the Defendant driven the two-lane road in front of the 14-lane Woo-dong Woo-dong Woo-dong Woo-dong.

At that time, the Defendant had a duty of care to prevent accidents by properly manipulatinging the steering gear and operating the steering gear while keeping the safety distance with the victim H (52 years old) who is driving ahead of the same direction. In such a case, the Defendant had a duty of care to prevent accidents by properly manipulating the steering gear and operating the vehicle.

Nevertheless, the defendant neglected to do so, and is under the influence of alcohol.