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(영문) 대구지방법원 서부지원 2019.01.24 2018고단3029
절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

The defendant is a foreigner of Russian nationality who entered the Republic of Korea around July 24, 2018 without an international driver's license.

1. On October 22, 2018, the Defendant: (a) opened a driver’s seat, which was not corrected in the E-Tank (F) vehicle parked by the victim D; and (b) used the key in the vehicle stored in the vehicle, and stolen the vehicle at the market price, which is the victim’s ownership, by driving the vehicle.

2. The Defendant is a person who is engaged in driving of a stolen tank freight truck as provided in the preceding paragraph.

On October 22, 2018, the Defendant driven the said cargo while under the influence of alcohol 0.151% at the place under the preceding paragraph at the same time, and continued to drive the said cargo before the H convenience point in Daegu-gun G.

In such a case, there was a duty of care to thoroughly see the front hour for a person engaged in driving of a motor vehicle, and to safely proceed to prevent accidents in advance by safely keeping the front line.

Nevertheless, under the above circumstances, the Defendant received the back portion of the J SP motor vehicle owned by the victim I (year 25) who stops on the side of the road in front of the above convenience store due to occupational negligence, while neglecting it, and suffered injury, such as dump dump, tension, etc. for about two weeks to the victim, by taking the front portion of the above cargo vehicle.

3. The Defendant violated the Road Traffic Act at the time and place under the preceding paragraph, while driving the E-Tank Cargo Vehicles at the same time and place as the preceding paragraph, received the rear part of the said cargo vehicle owned by the victim I in front of the said cargo vehicle due to the above occupational negligence, and received the rear part of the said cargo vehicle owned by the victim K that continued parking at the same place, and received the rear part of the said cargo vehicle owned by the victim K as the front part of the cargo vehicle operated by the Defendant, and received the said cargo vehicle in front of the Defendant’s freight vehicle, and the said cargo is equivalent to KRW 2,489,870, the said cargo vehicle was repaired.

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