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Defendant
A Imprisonment for six months, each of the defendants B, C, and defendants D shall be punished by imprisonment for one year and six months.
(2).
Reasons
Punishment of the crime
Defendant
A engages in the fishery product brokerage business, and the defendant C is engaged in the export business of used vehicles, and the defendant B and the defendant D are each members of the company.
1. Defendant A’s violation of the Road Traffic Act (unlicensed Driving) driving without a driver’s license, Defendant A driven H cargo vehicles from the street in front of the Southern-dong Seo-dong, Incheon, Nam-gu, Seodong-gu, Incheon to the Glymna, Nam-gu, Incheon, on September 28, 2014.
2. Joint crimes committed by Defendants B, C, and D
A. Defendants in violation of the Punishment of Violences, etc. Act (joint conflict) are persons who are in a marital relationship or friendship relationship, and Defendant B did not have awareness with the victim A (the age of 49). On the other hand, Defendant C and Defendant D were in a long-term relationship with the victim, and were urged to pay their respective debts borrowed from the victim, and even they did not have any dispute.
Therefore, the Defendants, using the circumstance that the victim is driving in the state of ordinary drinking and without a driver’s license, were willing to intentionally cause a traffic accident against the vehicle driving by the victim, and to distribute the amount of KRW 10 million from the victim under the pretext of agreement by borrowing it, and Defendant B, who does not have awareness with the victim, borrowed the I-learning vehicle to be used for committing a crime, and would cause a traffic accident. Defendant C, by informing the victim of the vehicle number, type, etc. of the vehicle of the victim to the above, made the promise to contact the victim to the victim, was set back near the accident site, Defendant D was waiting in the vicinity of the accident site, and was assigned the starting point and route of the victim to notify the above B of the traffic accident.
According to the above conspiracy, Defendant C her phone called to the victim on September 28, 2014, and contacted with the victim on September 28, 2014. Defendant D knew the victim’s movement route to the victim, and Defendant B knew the victim’s movement route to the victim, around 19:40 on the same day.