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(영문) 인천지방법원 2019.05.10 2019고단658
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Incheon District Court on May 11, 2017 and completed the execution of each of the above punishment on November 24, 2017.

Criminal facts

[2019 Man-Ma658] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant, around January 24, 2019, injected the psychotropic drugs in a single-use injection machine, and dilution them with water, at a place where it is difficult to know the location below the Bupyeong-gu Incheon Bupyeong-gu, Incheon. In short, the Defendant administered them by means of injecting them into a single-use injection machine, and then injecting them into a single-use medication.

[2019 Highest 1414] The Defendant is a person who is engaged in driving of a G A-to-surd motor vehicle.

On January 4, 2019, at around 00:03, the Defendant was driving the said car without obtaining a driver’s license in front of the “I” convenience store in Bupyeong-gu Incheon Metropolitan City, and was driving from the market where the scenario distance room to the eropib, and stopped on the left side of the progress direction in order to turn out to the eropib. However, even though the space was narrow so that it could not turn back at once.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to confirm whether a motor vehicle is operating on the road by properly examining the front, rear, and left and right of the motor vehicle, and to prevent an accident, such as accurately operating the brake system, if there is a motor vehicle in the vicinity.

Nevertheless, the Defendant neglected this and got the victim J(24 years of age) who was driving on the surface of the market street by negligence following the above car as it is in order to complete a U-turn, and caused KCA100 Oba to go beyond the Defendant’s car while avoiding the Defendant’s car.

Ultimately, the Defendant committed the above occupational negligence.

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