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(영문) 인천지방법원 2020.01.22 2019고단8483
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 person who is engaged in the operation of B rocketing taxi.

1. On November 4, 2019, the Defendant violated the Road Traffic Act (measures to be taken after accidents) driving the said rocketing taxi and operated the roads in front of the Yeonsu-gu Incheon Metropolitan City C Apartment around 01:25 minutes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in good condition.

Nevertheless, the Defendant, while neglecting this, went into a two-lane, failed to stop immediately to stop and abscond without taking necessary measures, such as removal of traffic danger and obstacle, by shocking the right-hand radius of the rocketing taxi driven by the victim D due to the negligence of driving in the reverse, into the right-hand radius of the Defendant, and destroying KRW 108,450 of the repair cost.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to run a road front of the 94 Gaolley-distance in Yeonsu-gu Incheon, as the above, while under the influence of alcohol with a blood alcohol content of 0.064% around 01:29 on the same day as the above paragraph (1) above.

In such cases, a person engaged in driving service has a duty to prevent accidents by driving along the right side of the road on which the center line is installed.

Nevertheless, the Defendant neglected this while driving in the Galley distance at the same time, and led the victim F (Seoul, 42 years old) driving G SP car in front of the defendant's Hastna taxi in front of the victim H (Seoul, 49 years old), who continued to stop on the same lane, led the victim H (Nam, 49 years old) driving in front of the other taxi in front of the defendant's taxi.

As a result, the defendant's occupational negligence of driving the vehicle in the situation where it is difficult to drive due to the influence of drinking is about two weeks.

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