2020 Highest 3784, 2021 Highest 659 (Joint Operation) of the Road Traffic Act;

Violation of the Road Traffic Act (Unlicensed Driving)

A, 1984 Raw Sheet, South and North

Residence

Reference domicile

Lee Woo-woo, Kim Jong-soo, and Kim Jong-soo (Trial)

Attorney Lee Im-soo

may 13, 2021

A defendant shall be punished by imprisonment for two years.

Criminal facts

【Criminal Power】

On January 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on January 2, 2008, and on August 6, 2008, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, and on July 19, 201, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.

【Criminal Facts】

[200 Highest 3784]

On August 11, 2020, the Defendant was under the influence of alcohol of 0.172% of blood alcohol concentration at around 03:13, the Defendant driven a freight vehicle Category B or other car at 5 km from the front of the Jinhae-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road of the freight vehicle in front of the freight vehicle located under the Soul-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

"2021 Highest 659"

On January 8, 2021, at around 18:17, the Defendant driven a Category B car without a driver’s license in the state of alcohol alcohol concentration of about 0.146% at a section of about 4km from an on-road parking lot in the area of the same Gun to the south-ro, Seoyang-gu, Seosan-gun, Ulsan-gun, Ulsan-do, to the southwest-ro of the same Gun to the 880-day road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and operated a motor vehicle without a driver's license.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

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

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment for the violation of the Road Traffic Act of January 8, 2021) and the violation of the Road Traffic Act (the without a license) and the punishment for the violation of the Road Traffic Act of which punishment is heavier)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

It is recognized that the defendant recognized all of the crimes of this case, that a person living together wants his wife, and that social ties seems to be relatively obvious.

However, the defendant, while driving under the influence of 0.172% alcohol level, caused an accident to shocking the tin installed at the edge of the road. The above case did not know even though he was prosecuted and tried under the revocation of the driver's license, and caused an accident to shocking the driver's license on the right side of the road by driving again under the influence of 0.146% of blood alcohol level, and driving again under the influence of 0.146% of alcohol level, and there is a very heavy and high possibility of criticism. The defendant has three criminal records. The same criminal records include three times, driving under the influence of the same kind of alcohol level, driving under the influence of the driver's license, or driving under the influence of traffic accidents, and it seems that the awareness of compliance with the traffic regulations of the defendant is considerably weak, and the risk of recidivism is very high. Considering these unfavorable circumstances, the sentence against the defendant is inevitable.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime was committed, etc. shall be determined as ordered in consideration of the various conditions of sentencing as shown in the arguments in this case.

Judges Full-time Residents