200 Highest 1091 Violation of the Road Traffic Act (driving)

Violation of the Road Traffic Act (Unlicensed Driving)

A

The number of interested parties (prosecutions) and their silents (public trials)

Attorney B (Korean National Assembly)

June 16, 2021

Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On October 28, 2011, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and from the Daegu District Court Kimcheon on September 25, 2015 to a summary order of KRW 5 million due to the same crime.

In addition, on August 11, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the Daegu District Court Kimcheon Branch on June 1, 2016, and was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties in the Daegu District Court Kimcheon Branch on July 11, 2017 under the grace period, and the said sentence became final and conclusive on July 19, 2017, and the said sentence was invalidated. In the Daegu Prison Prison, the Defendant was released on January 30, 2018 and the parole period passed on February 17, 2018.

On December 29, 2019, at around 14:20, the Defendant driven a DNA vehicle under the influence of alcohol level of 0.069% without obtaining a driver’s license from the Do in front of the Daegu Metropolitan City, Seo-gu, Seoul Metropolitan City Office to the roads before the Sung-gu C hotel, about 8km.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. On-site control photographs;

1. Previous convictions in judgment: Criminal history records, each prosecutor's investigation report: "criminal records of the same kind of suspect", and "related to repeated crimes of the suspect";

Application of Statutes

1. Article applicable to criminal facts;

Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of the driving by a driver), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of the driving without a driver's license)

1. Handling of conceptual concurrences;

Articles 40 and 50 of the Criminal Act

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

Reasons for sentencing

Although there are more than 10 times the history of punishment for drinking and non-licensed driving, and traffic-related criminals, considering the fact that the control standard and statutory punishment have been greatly strengthened after the implementation of the current Road Traffic Act, it seems that the driving of the drinking and non-licensed driving will be difficult to keep the drinking and non-licensed driving, the fact that it is a crime during the period of repeated crime, the fact that it is a crime committed during the period of repeated crime, and the fact that it was avoided the trial even though it was prosecuted through a public defender and a police officer detection of location, it is feared to repeat a crime, and the risk of recidivism is very rough and bad, and the degree of blood alcohol content falls short of the criteria for revocation of license, punishment shall be determined by taking into account the following factors:

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-type