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(영문) 수원지방법원 안산지원 2019.10.31 2019고단3215

절도등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. From August 19, 2019 to 00:50 on August 19, 2019, the Defendant: (a) deemed that the door of a Domins car owned by the victim C was not closed; (b) opened a door to the driver’s seat; and (c) used the key of the vehicle located in the driver’s seat, thereby cutting down the said car owned by the victim and driving the said car in an amount equivalent to KRW 1.5 million at the market price, using the key of the vehicle located in the driver’s seat.

2. On January 26, 2014, the Defendant was sentenced to imprisonment for one year and two months for a violation of the Road Traffic Act (driving) committed at the Suwon District Court, on May 22, 2014, when driving a vehicle under the influence of alcohol by 0.264% of alcohol level, while driving the vehicle under the influence of alcohol by 0.195% of blood alcohol level on February 12, 2014.

The Defendant driven a DNA car in the state of alcohol concentration of approximately 0.228% from the 7km section from the 7km-gu in Ansan-si to the same road in front of the Gu, Ansan-si. The Defendant was under the influence of alcohol concentration of about 0.28%.

3. The Defendant is a person who is engaged in driving a DNA driver vehicle. A. The Defendant is a person who is engaged in driving a DNA driver vehicle.

At around 00:50 on August 19, 2019, the Defendant driven the said car while under the influence of alcohol as in the foregoing paragraph 2, and continued to drive it at the Furging plane according to the four-lane 6-lane 4 way among the five-lane roads in Ansan-si, Ansan-si.

In such cases, a person engaged in driving service has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and was driven by the victim G while stopping for traffic signal at the front of the course of the Defendant’s vehicle, following the right side of the HWz car driven by the victim G.

Ultimately, the Defendant is obliged to perform the same duties.

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