2016 Highest 453 Violation of the Road Traffic Act (Drinking)

Kim A (81 years, South Korea), Company Board

Housing Yangsan City

Jeonnam of the original domicile

Lee Jong-woo (Court Prosecution) (Court of Justice) and Kim Jong-sik (Court of Justice)

April 6, 2016

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

Facts of crime

On August 14, 2009, the Defendant issued a summary order of a fine of 2.5 million won at the Ulsan District Court for a violation of the Road Traffic Act (driving). On December 14, 2012, the Defendant was sentenced to a suspended sentence of 2.5 million won by the same court on December 14, 2012.

On February 10, 2016: around 15, the Defendant driven a 20km car from the road near the Articles of Incorporation located in the Gun of Busan to the front of the Dongbu fire located in Busan as the center of the year-gu. The Defendant driven a 20km car from around 1237 to the front of the Dongbu fire located in the Gun of Busan.

As above, the Defendant, despite the fact that he violated the prohibition of drinking driving regulations not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment)

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]

○ The instant case had been punished several times due to the same crime, including suspended execution.

The commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

In light of the risk, it is inevitable to select the defendant's sentence.

○ In addition, various circumstances, such as the details of the crime, drinking water, degree of reflectivity, etc. shown in records and arguments.

Considering that the sentence is determined as ordered by the court

Judges Shin Shin-young