2018 Highest 27 Violation of the Road Traffic Act (Retoxicated Driving), and Violation of the Road Traffic Act (Unlicensed Driving)

A person shall be appointed.

Man-ray (prosecutions) and a new flag (trials)

Attorney B (Korean National Assembly)

May 4, 2018

A defendant shall be punished by imprisonment for one year.

Criminal facts

On December 22, 2017: around 40, the Defendant driven a frenice II car with a blood alcohol content of 05% under the influence of alcohol without obtaining a driver’s license from the front of the D apartment house located in Gongju City, to the front of the Geum River in the same city E, from about 500 meters away from the front of the Geum River in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of driver's license inquiry and the control results of drinking driving;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of a drunk driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a unauthorized Driving)

1. Competition;

Articles 40 and 50 of the Criminal Act (Punishment of the punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment (Operation without Permission))

1. Selection of penalty;

Imprisonment Selection

Reasons for sentencing

The Defendant had been convicted of drinking and unlicensed driving at least five times in the past, and had a high blood alcohol level at the time of the previous crime. The Defendant committed the same kind of crime on November 9, 2017, and even if the summary order was served on December 15, 2017, he again committed the instant crime at the time when the previous crime was not served. Accordingly, the Defendant should be sentenced to imprisonment.

In addition, as long as there are a large number of circumstances disadvantageous to the defendant, even if there seems to be favorable to the defendant, such as the fact that the driving distance and the degree of drinking are light and the defendant is against the defendant, it cannot be considered as an element to reduce the punishment of the defendant. Accordingly, the punishment shall be set by the upper limit of the statutory penalty.

Judges Godae-man