2014 Highest 569 Violation of the Road Traffic Act (Non-accidented Measures) and the Road Traffic Act (e.g. drinking)

Driving) Violation of the Road Traffic Act (Unlicensed Driving)

A

Han-young (prosecutions) and a trial in the relevant Dong;

Attorney B (Korean National Assembly)

July 11, 2014

A defendant shall be punished by imprisonment for not less than eight months.

Facts of crime

On November 23, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court. On September 25, 2012, the same court was sentenced to six months of imprisonment or two years of suspended execution due to a violation of the Road Traffic Act (Driving without a license). On October 3, 2012, the above judgment became final and conclusive, and on April 24, 2013, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving without a license). The Defendant is a person driving a Cbee or a vehicle.

On December 5, 2013, the Defendant, without obtaining a driver's license in light of 07:10 on December 5, 2013, driving the blood alcohol concentration (the foregoing vehicle under the influence of 0.150% was driven in the state of alcohol, and made the left turn at a speed of about 20 km per hour from one lane in front of the Woncheon-dong Won-dong, Busan.

Since there is a sign to turn to the left, there was a duty of care to make a turn to the left before the driver of the motor vehicle temporarily stops or turns to the left, while making a turn to the left.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 그대로 좌회전 한 과실로 직진 신호에 따라 구포동 쪽에서 덕천동 쪽으로 직진 진행 중인 피해자 D(34세)이 운전하는 E 쏘렌토 승용차의 보조석 앞 범퍼 부분을 피고인의 차량 앞 부분으로 들이받았고, 그 충격으로 피고인 운전 차량이 좌측 옆 부분으로 튕겨져 나가 우회전하기 위하여 신호 대기 중인 피해자 F(35세)이 운전하는 G 쏘나타 승용차의 운전석 앞 휀더 부분을 피고인의 차량 앞 범퍼 부분으로 들이 받았다.

Ultimately, the Defendant, by such occupational negligence as above, destroyed rocketing vehicles owned by the victim D to repair 950,748 won, and escaped without immediately stopping the vehicle owned by the victim F and without taking necessary measures, even if the Defendant destroyed rocketing vehicles owned by the victim F to repair 714,226 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and H;

1. A survey report on actual condition, the ledger of driver's licenses, and a report on detection of a driver;

1. Specifications of checking and maintaining motor vehicles, and estimate of motor vehicle checking and inspection;

1. A reference inquiry report and investigation report, including criminal records (former and verification);

Application of Statutes

1. Article applicable to criminal facts;

Articles 148, 54(1)(not to take measures after accidents), 148-2(1)1, 44(1)(not to drive a sound driving), 152 subparag. 1, and 43(non-licensed driving point) of the Road Traffic Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment choice (in consideration of the history of the same kind of punishment)

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3)

Grounds for sentencing

Even though there was a record of being punished by a fine for a violation of the Road Traffic Act (driving) during the period of suspension of execution due to the same crime, the accident was not caused while drinking or driving without a license.

Judges Park Ho-ho