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(영문) 대구지방법원 2016.02.04 2015고단4981
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[2] On September 3, 2009, the Defendant was sentenced to six months of the suspension of the execution of imprisonment with prison labor for six months, and on October 7, 2010, the Defendant completed the execution of the said sentence at the Daegu Prison on April 5, 201, with prison labor for the same crime, etc.

[Criminal facts] On March 25, 2014, at around 09:53, 09:53, driving B Poter Cargo Vehicles while under the influence of alcohol content of 0.070% in blood without a driver’s license, in the section of approximately 15km to B Poter, which is located in the Seogu Seo-gu, Seog-gu, Seog-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and applicable Acts and subordinate statutes to each individual;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Quantities is that the Defendant was punished on several occasions due to drinking or non-licensed driving (six times a punishment, six times a suspended sentence, one time a suspended sentence, and one time a suspended sentence), but in addition, since he/she was driving without a drinking license during the period of repeated crime, it is inevitable to punish the corresponding person.

However, considering the fact that the defendant is led to the crime, that the defendant seems to have been frighten and driving, and that the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing factors specified in the arguments of this case shall be determined as ordered.

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