Cases
2015Now 2649 A. Violation of the Road Traffic Act (Retoxicated Driving)
(b) Violation of the Road Traffic Act;
Defendant
A. (75 years, South Korea), Company Board
Residential Ulsan
Standard place of registration:
Prosecutor
J. H. (Institution of Prosecution) and Kim Jong-e.g. (Trial)
Defense Counsel
Law Firm Baruns
Attorney Final Sang-hee, Counsel for defendant-appellant
Imposition of Judgment
April 4, 2016
Text
A defendant shall be punished by imprisonment for not less than six months.
Reasons
Criminal History Office
On May 22, 2014, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on May 2, 201, and on November 20, 2014, the Defendant was sentenced to imprisonment of six months with labor for the same crime and two years with a suspended sentence on May 2, 2015.
On September 4, 2015: At around 20, the Defendant driven a NAS car at approximately 1km from the Cheongsan-gun, Ulsan-gun, the Cheongsan-gun, the Cheongnsan-gun, the Cheongsan-gun, with no driver’s license, while under the influence of alcohol on 0.116% of the blood alcohol concentration.
Summary of Evidence (Omission)
Application of Statutes
1. Article applicable to criminal facts;
Articles 148-2(1)1, 44(1), 152 subparag. 1, and 43 of the Road Traffic Act
Articles 40 and 50 of the Criminal Act
1. Selection of punishment;
Imprisonment Selection
1. Discretionary mitigation;
Articles 53 and 55(1)3 of the Criminal Act (see Articles 53 and 55(1)3 of the Criminal Act)
[Grounds for Sentencing]
Considering the fact that there was a history of punishment several times for the same crime, and that the crime of this case was committed again without any self-esteem even though it was under suspension of execution for the same crime, selection of sentence is inevitable.
○ Provided, That in consideration of various circumstances, such as the circumstances leading up to the crime, reflective attitude, family relationship (support for Albuses-friendly) revealed in the process of record and trial, the punishment as ordered shall be determined.
Judges
Judges Shin Shin-young