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(영문) 인천지방법원 2013.09.11 2013고단2027
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of 1.5 million won, respectively.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of a Gwing and Class III cargo vehicle.

On December 30, 2012, at around 03:55, the Defendant driven the above cargo while under the influence of 0.103% of blood alcohol concentration, and proceeded three lanes in front of the convenience store 1548-5, Nam-gu, Incheon, Nam-gu, Seoul, with two-lanes of speed 40km from the view of Incheon.

At the same time, the previous snow was flick road, so in such a case, a person engaged in driving service has a duty of care to safely drive the road by reducing speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to stop on the left side of the cargo vehicle of the Defendant, thereby resulting in the Defendant’s failure to stop on three-lanes of the Defendant’s cargo vehicle (58 years old), and received a part of the Victim B (58 years old) after driving the Defendant’s cargo vehicle.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

At the same time, even if the above vans owned by the victim are damaged to be equivalent to the sum of 4,561,828 won, such as the exchange of pans, it did not take necessary measures, such as immediately stopping, and escaped.

2. Defendant B

A. A. On December 29, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving at the J University (I) around 16:00, and around 17:50 on the same day, the Defendant driven Hone Star Co., Ltd. without obtaining a driver’s license at a section of about 55 km from the J University (U.S.) located in Seocheon-si, Incheon to the roads of about 1584-5, Nam-gu, Incheon.

B. On January 2013, 2013, the Defendant asked C to the effect that “If the license is revealed, the license period is deemed to have been driven instead of the four delayed license period.”

Accordingly, C on January 20, 2013, Incheon around 14:43.

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