2016Gohap1051 Violation of the Road Traffic Act (driving) and the Road Traffic Act (Fluorthing)

Driving)

A

Lee Jong-sung (prosecution) and Kim Jong-sung (Trial)

Law Firm B (Attorney in charge C, D)

January 16, 2017

A defendant shall be punished by imprisonment for six months.

Criminal facts

【Criminal Power】

On December 26, 2006, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s branch on December 26, 2006. On September 7, 2011, the Defendant was issued a summary order of 1.5 million won for the same crime at the Seoul Southern District Court on September 7, 201. On June 28, 2012, the Defendant was sentenced to a fine of 7 million won for the same crime at the Seoul Southern District Court on June 28, 2012. On September 17, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Seoul Southern District Court on September 25, 2015.

【Criminal Facts】

The Defendant not only has such criminal records but also has no driver's license.

Nevertheless, at around 07:10 on July 24, 2016, the Defendant driven approximately 1 km from the 74-lane in Gwanak-gu in Seoul Special Metropolitan City to the 216-lane in the same Dobong-ro 216-gil, while under the influence of alcohol with a blood alcohol concentration of 0.127%.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Research on the presumption of the concentration of blood alcohol in accordance with the Road Traffic Act (e.g., drinking or non-license), reporting on detection of suspects of violation of the Road Traffic Act (e.g., drinking alcohol, CD-free license), written confirmation of the state of driving, written statement of vehicle operation, inquiry about the results of crackdown on drinking driving, vehicle driving certificate, ledger of driver's license, report on detection of drinking alcohol, records of measurement of drinking alcohol, ledger of use of a drinking measuring instrument, telephone image data, CD

1. Previous convictions as indicated in the judgment: Criminal history records and other inquiry report (A), investigation report (verification of the same criminal records and probation period of a suspect A), Seoul Southern District Court Decision 2015Ma3191, Seoul Southern District Court Decision 2015Ma3191, Seoul Southern District Court Decision 2012Ma532, Seoul Southern District Court Decision 3192, Seoul Southern District Court Decision 2011, Summary Order 3192, and 2006 High Court Decision 13484;

Application of Statutes

1. Article applicable to criminal facts;

Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of the sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on a crime of a violation of the Road Traffic Act with heavier punishment)

1. Selection of punishment;

Imprisonment Selection

1. Discretionary mitigation;

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

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for six months, results of the jury verdict, and sentencing opinions.

(a) A verdict of guilt or innocence;

- - Seven persons (nives)

B. Opinions on sentencing

- One year of imprisonment: two persons;

- Imprisonment for up to eight months: one person;

Six months: Three persons;

A fine of 10 million won: One person;

The presiding judge shall be changed.

Judges Kim Gin-han

Judges Park Jong-ok