2019 Highest 4683 Violation of the Road Traffic Act (Refusal of measurement) and the Road Traffic Act

20 Hashed 1648(combined) Mashed 1648, Violation of the Road Traffic Act (Unlicensed Driving)

Park Jong-Defendant (Gain name) South 64. Livelihood

Residential Ulsan-gu

Madnasty, Earnasty, leaptables (Public trial)

Attorney Jeong* (Korean National Assembly)

July 24, 2020

Defendant shall be punished by imprisonment for a term of one year and two months.

Criminal facts

【Criminal Records】

On December 26, 2007, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Ulsan District Court, and on December 23, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving), and on September 26, 2017, the same court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

2019 Highest 4683

1. 피고인은 2019. 11. 5. 14:52경 울산 중구 구교로 92에 있는 학성행정복지센터에서, '피고인이 @@@@@@호 마티즈 승용차를 운전하여 위 행정복지센터 정문 턱을 넘어 주차하였는데 술 냄새가 나고 음주운전을 한 것 같다'는 112신고를 받고 출동한 울산 중부경찰서 학성지구대 소속 경찰관 정경찰(가명)로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할만한 상당한 이유가 있어 수차례 음주감지기로 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant refused to take a fine as a result of a prosecutor’s test, and refused to comply with a police officer’s drinking test without any justifiable reason. Accordingly, the Defendant violated the provisions on the prohibition of drunk driving at least twice.”

2. 피고인은 2020. 4. 4. 02:25경 울산 중구에 있는 피고인의 주거지 앞 도로에서부터 울산 중구에 있는 ○○빌 앞 도로에 이르기까지 약 50m 구간에서 혈중알코올농도 0.107%의 술에 취한 상태로 원동기장치자전거 면허를 받지 아니하고 울산중카####호 HJ125T-20A 오토바이를 운전하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Articles 148-2(1), 44(1), and 44(2) of the Road Traffic Act (a) (a refusal to measure the noise level), 148-2(1), and 44(1) (a) of the Road Traffic Act (a point of a sound driving) of the Road Traffic Act, Article 154 Subparag. 2, and 43 of the Road Traffic Act (a point of a unauthorized driving)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the accused is making a confession of the instant crime; (b) the state of health is not good due to depression disorder; (c) it is difficult for the accused to engage in economic circumstances; (d) the accused is punished by a fine in 2207 and 2013; and (e) the Defendant again commits the instant crime without being aware of a suspended sentence of imprisonment in 2017; and (e) the Defendant committed the instant crime on April 4, 2020 when he was sentenced to a suspended sentence of imprisonment in 207 due to the same drinking driving; and (e) the Defendant was aware that he was under criminal trial due to refusal of drinking measurement on November 5, 2019, it is inevitable to impose a sentence corresponding to the relevant punishment. In addition, taking into account various factors for sentencing, such as the Defendant’s age, environment, family relations, blood alcohol concentration, distance of alcohol alcohol content, driving distance after the crime, etc., the sentence shall be determined as indicated

Judges Kim Gin-Un