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(영문) 대구지방법원 포항지원 2016.08.11 2015고단918
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 27, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the Daegu District Court Port Branch Branch, and completed the execution of the sentence on July 14, 2014.

On November 22, 2006, the Defendant was sentenced to a suspended sentence of 10 months for a violation of road traffic laws in the Daegu District Court Port Support, etc., and was sentenced to a suspended sentence of 4 months for the same crime on July 1, 2008. On April 29, 2015, the Defendant was sentenced to a summary order of 5 million won for a violation of road traffic laws in the same court.

[Criminal facts] On May 29, 2015, the Defendant driven a Bbenz car without a vehicle driver’s license at a section of approximately one kilometer from the front side of the gas station in the south-gu Seado, Nam-gu, Chungcheongnamdo to the front side of the model mountain-type in the same Dong from May 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and reporting of each investigation (report attached to the judgment, etc. of the same kind of force; Ascertainment of a suspect A repeated offense) shall apply to statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. There are extenuating circumstances, such as simple drinking of the reason for sentencing Article 35 of the Criminal Act, the fact that a person does not cause a traffic accident due to a licenseless driving, and the fact that a person commits a mistake, etc.

However, the defendant has been punished for committing a crime that contains drinking driving, and among them, there are five criminal records and criminal records of suspended sentence, high drinking level, and high drinking level, and the crime of this case constitutes repeated crimes prior to this case.

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