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(영문) 대구지방법원 포항지원 2018.01.24 2017고단1234
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around June 17, 2017, the Defendant: (b) cut off the victim C’s studio B studio in North-gu, Northern-gu; (c) and (d) 1.5 million won at the market price at which C walked at the city for food delivery; and (d) cut off the victim C’s studio.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the DM car at the section of about 5 km from the north-gu, Posi-gu, Pohang-si to the North-si Safety Center at Port, in a state of alcohol alcohol content of 0.173% at the time of the day indicated in paragraph (1) above, in the direction of about 05 and 1192.

3. On June 17, 2017, the Defendant violated the Road Traffic Act: (a) was driving a DM car in front of the North-dong 2-dong 119 center at the port of port on June 17, 2017; and (b) was operating at the port of port inside the port of port from the 2-dong 2-dong 2-dong 119 center; (c) thus, a person engaged in driving service had a duty of care to safely drive by checking the left and right

Nevertheless, the defendant neglected to do so and received the above 119 cent's second notice outer wall by negligence and received the above vehicle.

After all, the Defendant damaged the above 119 center's garage by occupational negligence as above, approximately KRW 442,00 as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. A report on a traffic accident, a survey report, and an on-site photographing of the accident;

1. Application of the written estimate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (absent point, a sentence of imprisonment) and Article 329 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (absent driving, a choice of imprisonment), Article 151 of the Road Traffic Act (a person who causes damage to his/her duties and property, and a choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances below the reasons for sentencing in Article 62-2 of the Criminal Act, including the observation of protection, community service and order to attend lectures, and the age, sex, etc. of the accused.

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