2017 Highest 451 Violation of the Road Traffic Act (Retoxicated Driving)

2018 Highest 200 (Consolidation) Violation of the Road Traffic Act (Unlicensed Driving)

A person shall be appointed.

A citizen in charge, a new flag (prosecution), a new flag (public trial)

June 22, 2018

A defendant shall be punished by imprisonment for four years.

Criminal facts

2017 Height4511)

【Criminal Power】

On May 21, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking) in the official support of the Daejeon District Court on May 21, 2014, and was sentenced to a suspended sentence of three years for a year on November 6, 2015 by the same court for the same crime.

[Criminal Facts]

1) To the extent that the Defendant did not infringe the Defendant’s right of defense, the facts constituting the crime was partially revised.

On December 7, 2017, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act that prohibit the driving of a motor vehicle under the influence of alcohol not less than twice, such as a previous record, and (b) was driving a C cargo vehicle under the influence of alcohol of about 15km from the 15km section of the Gongju-si from the Gongju-si 1stm to the Gongju-si Hambnd.

“2018 Highest 200 :

On March 22, 2018, the Defendant, without obtaining a driver’s license, driven a F Copiz graphic in the section of approximately 800 meters from the front side of the suspect D to the front side of E, on March 35, 2018.

Summary of Evidence

"2017 Highest 451"

1. Statement of the accused in the first protocol of trial;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Six copies, such as a statement of criminal records, a copy of the judgment ( Daejeon District Court Decision 2007 High Court Decision 178911), etc.;

“2018 Highest 200

1. Defendant's legal statement;

1. The register of driver's licenses;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (the point of driving without a license) of the Road Traffic Act, the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes within the extent that punishment is added to the punishment for a violation of the Road Traffic Act (Discretionary Driving) with heavier punishment)

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with prison labor for not less than one year nor more than four years;

2. Determination of sentence;

Since 2007, the Defendant had been a five-time driverless driver and a two-time driverless driverless driverless driverless licensee. The Defendant has been under the influence of repeated driving within a short period, and the blood alcohol level at the time of committing the crime shows the tendency to repeat the crime from the past to the present. While the Defendant continued trial with the purport of arranging the surrounding areas in preparation for sentence against the crime of drunk driving, the Defendant committed the crime without a license before the scheduled trial date.

Although there are circumstances in which Defendant’s health is not good due to traffic accidents at the time of driving without a license, this is merely a result of Defendant’s criminal act and cannot be considered as grounds for mitigation of punishment against Defendant, and there is no other favorable circumstances to offset the above extremely unfavorable circumstances.

Therefore, the punishment shall be determined by the upper limit of the punishment in law.

Judges Godae-man