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(영문) 인천지방법원 2016.01.20 2015고단6422
자동차불법사용등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On August 12, 2015, at around 00:50, the Defendant illegally used the vehicle: (a) on the road front of the D week located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu; (b) around 15 minutes, the Defendant opened a driver’s seat of the said cargo vehicle and operated the said cargo vehicle without the consent of the victim, who is the other right holder, while under the influence of alcohol by the victim E, and opened and opened the driver’s seat of the said vehicle without the consent of the victim, who is the other right holder.

Accordingly, the defendant used the cargo vehicle for about 15 minutes without the consent of the above victim as the right holder.

2. On August 12, 2015, the Defendant: (a) driven the freight vehicles described in paragraph (1) while under the influence of alcohol at approximately 0.140% in a section of approximately one kilometer from the Do before the D main point as indicated in paragraph (1) to the shooting distance of the H hospital located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) on August 12, 2015, the Defendant driven the freight vehicles described in paragraph (1) while under the influence of alcohol.

3. The Defendant is a person who is engaged in driving a F Poter freight vehicle.

On August 12, 2015, around 01:05, the Defendant moved down the private distance of H hospital No. 2, from the direction of the distance to the direction of the distance, at a speed of about 30 kilometers per hour, along the two lanes in the direction of the distance to the new reproduction distance.

At night, the above intersection was at night, and the road of the 7-lane from the intersection was at the intersection, and the traffic of other vehicles was very frequent, and the passage of other vehicles was controlled by signal apparatus, and therefore, the person operating this place was at the duty of care to prevent traffic accidents by properly operating the steering system and the steering system and operating it.

Nevertheless, the defendant neglected this and stops in order to wait for signal at the front of the defendant's vehicle due to negligence in the course of duty while driving the above cargo while under the influence of alcohol, as described in paragraph 2.

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