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(영문) 대구지방법원 2017.05.18 2017고단441
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for robbery at the Daegu District Court on June 1, 2007 and completed the execution of the sentence on January 6, 2014.

[Criminal facts] The Defendant is a driver of CKaren car.

On November 21, 2016, the Defendant, without a driver’s license of a motor vehicle around 11:07, had the front intersection of Mat located in Gyeongsan-si, to the Daegu Twit-distance from the west of Daegu-si.

Since there is an intersection where a signal is installed, there was a duty of care to see the signal well and to operate the signal in accordance with the signals.

Nevertheless, when the Defendant was negligent in acting in violation of the electric-face color signal, he received the front part of the victim FF (79 tax) driver's bicycle crossing from the right-hand Mat to the left-hand side of the right-hand side of the said vehicle.

As a result, the defendant suffered injury to the victim, such as a Dam scambry, which requires medical treatment for about two weeks, and at the same time, the defendant escaped without taking measures, such as aiding the victim, even though he damaged the bicycle to repair costs.

On January 19, 2017, the Defendant driven a G SP car without a driver’s license in the state of alcohol concentration of about 0.17% from the 1km section of approximately 1km to around 45, from around 61:53-1 road to around 61:3-1 road in the Jin-si in Busan Metropolitan City on January 19, 2017, the Defendant driven a G SPP car without obtaining a driver’s license.

Summary of Evidence

"2017 Highest 441"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report, diagnosis report, and driver's license ledger;

1. Previous convictions in judgment: One copy of a reply to inquiry, such as criminal history, and the current status of personal confinement "2017 Highest 708";

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of statutes to the driver's license ledger;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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