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(영문) 창원지방법원 2014.09.26 2013고단3445
자동차불법사용등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

[2013 Height3445] On June 12, 2013, at around 07:40, the Defendant: (a) was parked in the front of the D cafeteria located in Kimhae-si, Kimhae-si; (b) discovered a F F Rad car equivalent to KRW 1,200,000 at the market price owned by the victim E, which was parked in that place; and (c) decided to use the vehicle’s keys in a crypt with a crypt; and (d) operated the said vehicle from the front floor of the said D cafeteria to 08:00 on the same day from 08:00 on the same day to 5 km from the front day of the d Domn-si, Kimhae-si.

Accordingly, the defendant used the victim's automobile temporarily without the consent of the right holder.

[2013 Highest 3870] On June 12, 2013, the Defendant driven Gmera truck with a distance of approximately five meters from approximately 5 meters prior to the D cafeteria located in Kimhae-si C, Kim Jong-si, while under the influence of alcohol concentration of 0.209 percent.

[2013 Highest 3947] The Defendant is a person who is engaged in driving a FF Rad Automobile.

Around 08:00 on June 12, 2013, the Defendant was under the influence of alcohol with 0.235% of blood alcohol concentration 0.235%, and the Defendant was driving the bicycle lane in front of the Gyeong-do, Gyeong-do, Gyeong-dong, Gan-si, Kimhae-si, at a speed of about 10km from the chilling side to the monthly village from the chilling side.

At this point, there was a vehicle entry prevention facility installed and managed by the Jinyoung National Land Management Corporation in the front section of the bicycle lane, so there was a duty of care to not drive the vehicle on the road to those engaged in driving of the vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and was in front of the car driving by the Defendant’s negligence to prevent the entry of the above vehicle.

As a result, the Defendant, by the above occupational negligence, destroyed the bicycle lane seeers and roads to take a restoration cost amounting to KRW 1,275,200, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A list of evidence submitted by the prosecutor (2013 senior group 3445).

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