2018 Highest 221 Violation of the Road Traffic Act (driving) and the Road Traffic Act (Non-license)

(Operation)

A

A leapline, a new flag, and a public trial;

[Defendant-Appellee]

June 22, 2018

A defendant shall be punished by imprisonment for three years.

Criminal facts

【Criminal Power】

On July 14, 2009, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act in a public order branch of the Daejeon District Court. On July 14, 2009, the Defendant was sentenced to a suspended sentence of 2 months for the crimes of violation of the Road Traffic Act in the public order branch of the Daejeon District Court.

【Criminal Facts】

On January 5, 2018, the Defendant was a person who violated the provisions of the Road Traffic Act prohibiting the driving of a motor vehicle under the influence of alcohol not less than twice as stated in the previous record, and operated FM7 motor vehicles under the influence of alcohol without obtaining a driver's license at approximately 120 meters from the restaurant parking lot of "mal-fishing ground" located in Do in the official city of official city from the restaurant to the e-distance road in the same Dong, and without obtaining a driver's license at the section of about 120 meters to the e-distance road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and investigation reports (report on confirmation of the same type of suspect);

Application of Statutes

1. Article applicable to criminal facts;

Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of the sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

The reason for sentencing lies in the Defendant: (a) a person who had been sentenced to a five-time alcohol driving and a three-time licenseless driving; and (b) the Defendant was sentenced to a suspended sentence even before a two-year period; and (c) a person was sentenced to a suspended sentence and re-offendered during the suspended execution period. The degree of blood alcohol level at the time of the instant crime for drunk driving and the instant crime is very high; (d) there is no room for the Defendant to improve the habit of the drinking driving and non-licensed driving.

As long as there exist a large number of unfavorable circumstances against the Defendant, it is inappropriate to consider it as an element to reduce the Defendant’s punishment even if circumstances seem to be favorable to the Defendant, such as the short distance at the time of the commission of the crime, the situation where the Defendant is under the influence of the Defendant, the need to support his/her mother, and the need to support his/her mother, etc.

Judges Senior Superintendent General

1) Although the facts charged are sentenced to eight months of imprisonment due to a violation of the Road Traffic Act (driving) and were corrected ex officio.