A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the branch court of the Busan District Court on August 22, 2019 and the said judgment became final and conclusive on August 30, 2019.

No driver of any motor vehicle shall threaten or endanger other persons or cause any danger to traffic by committing any act prescribed by the Road Traffic Act continuously or repeatedly.

Nevertheless, at around 16:43 on May 25, 2019, the Defendant continuously violated the speed by continuously driving BMW 520 d motor vehicles at approximately 10 km from the 10km away from the vicinity of the rest area of the Pacific Highway (Haak Line 162km) located in the west-si, Mandong-gu, Mandong-si, Mandong-si (Haak-si) and caused danger or injury to others, or caused danger and injury to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. A police internal investigation report (including attached CDs);

1. Previous records of judgment: Criminal records, references to criminal records, results of case search, and application of statutes of the judgment;

1. Article 151-2 and subparagraphs 5 and 6 of Article 46-3 of the Road Traffic Act applicable to the crimes and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. In full view of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, such as the so-called "knife", etc., causes danger to traffic by driving on an expressway for the reason of sentencing, and that there is a power to participate in joint risk acts that cause danger to traffic by driving along the road in a group, etc., the criminal liability is not easy, and the risk of recidivism is likely to occur in light of driving habits and character and behavior, and thus, choice of imprisonment with prison labor is necessary for a strict warning. However, prior to committing the crime, the history of punishment of imprisonment without prison labor or heavier has been imposed.