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(영문) 서울북부지방법원 2016.09.27 2016고단3268
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On January 28, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 5 million for the same crime at the same court on February 18, 2013.

[Criminal facts]

1. From July 24, 2016, around 15:40 on July 24, 2016, the Defendant: (a) discovered the victim E’s market value, which is parked in the front of the “D convenience store” located in Seoul Special Metropolitan City, with a height of 3 freight cars displayed at the “D convenience store”; (b) opened the driver’s seat of the said cargo vehicle without a locking, and driven the said cargo onto the vehicle, thereby thefting the victim’s property by cutting the victim’s property.

2. Around 16:40 on July 24, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.146% from the 8km section of blood alcohol from the front of the foregoing D convenience store in Seoul Special Metropolitan City, Nowon-gu to the front of “H” located in Seoul Special Metropolitan City Jung-gu G to the 8km.

As a result, the defendant was punished for driving under drinking more than twice, and again driving under drinking again.

3. The Defendant is a person who violates the Road Traffic Act (not after-accident) and is engaged in driving a third freight truck.

On July 24, 2016, around 16:40, the Defendant continued to run from the alleyway located in Jung-gu Seoul Metropolitan Government G to the same dives of the presses of the presses of the Republic of Korea at the same dives of the presses of the press.

In such cases, a driver has a duty of care to prevent accidents in advance by taking into account his/her front and left and right well.

Nevertheless, the Defendant, who was parked on the said alleyway due to negligence while under the influence of alcohol, was found to be a part that combines the back part of the lower left-hand part of the 3 freight trucking on the upper right-hand side of the said 3 freight trucking.

Accordingly, even though the defendant damaged the above K5 car by occupational negligence, the defendant immediately stops and thereafter stops the car after the accident.

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