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(영문) 인천지방법원 2013.10.21 2013고단4991

특정범죄가중처벌등에관한법률위반(도주차량)등

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

1. Where the owner of a motor vehicle intends to change structures and devices prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the structures and devices of the motor vehicle violating the Motor Vehicle Management Act,

Nevertheless, on October 2012, 2012, the Defendant, without the approval of the competent authorities, dismantled the walls of the Bcoin Dokdo Truck, which were owned by the Defendant, in front of the Gangnam-gu Incheon Metropolitan City 127-62, in order to remove goods from among the structures and devices of the automobile.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) are those engaged in driving

On June 23, 2013, the Defendant operated the above truck on a 00:26th day of June, 2013, and proceeded at a f6-1st day of the Seo-gu, Incheon Metropolitan City, the roads in front of the cafeteria 66-1, Nam-gu, Seoul, to the direction of the Chinese real estate side from Samsung Bio-gu.

A person engaged in driving service is prohibited from driving a motor vehicle in poor maintenance that is not equipped with devices such as brakes, and has a duty of care to properly manipulate and safely proceed with steering gear, brakes, etc.

Nevertheless, the Defendant neglected to operate the above truck, which is a poor repair vehicle that has been driven by the brake system, and failed to accurately operate the steering gear, and was in progress in the Defendant’s front room, the Defendant got the back part of the Drocketing patrol vehicle owned by the Seoul Southern Police Station for the Victims, Incheon, which was driven by the victim C (the age of 55) as the above truck, and caused the collision between the victim E (the age of 50) who was tightly driven by the victim E (the age of 50) and the entrance shuts of G real estate operated by the victim F.

The Defendant caused the injury of the victim C and E, which requires approximately two weeks of medical treatment due to occupational negligence.