2018 Highest 369, 2018 Highest 479 (Joints)

(a) Violation of the Road Traffic Act (driving under the influence of alcohol);

(b) Violation of the Road Traffic Act (Driving without Permission);

(c) Violation of the Aggravated Punishment Act;

(d) Violation of the Road Traffic Act (unnecessary Measures after Accidents);

E. Violation of the Road Traffic Act

(f) Violation of the Road Traffic Act (aided and abetting Unlicensed Driving);

1. A. b. c. d. E.

A person shall be appointed.

2. (f) B

Courtroom (prosecutions, public trials)

Attorney Kim Hyun-woo (Korean National Assembly for Defendant A)

February 15, 2019

1. Defendant A

A defendant shall be punished by imprisonment for six years.

Of the facts charged against the defendant, the prosecution against the violation of the Road Traffic Act is dismissed.

2. Defendant B

Defendant shall be punished by a fine of two million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

【Criminal Power】

On August 29, 2012, Defendant A was sentenced to four months prior to the violation of the Road Traffic Act (driving) at the Daejeon District Court on August 29, 2012. On July 8, 2016, the Daejeon District Court sentenced Defendant A to eight months of imprisonment due to the same crime, etc. in the official capital support of the Daejeon District Court on July 8, 2016, and completed the execution of the sentence in a two prisons of the North Korean north Korean defectors on March 6, 2017.

[Criminal Facts]

“2018 Highest 369

Defendant A, as seen above, had been punished twice or more due to drunk driving, but around August 2, 2017: around 27, at the D apartment parking lot located in the public city, Defendant A driven a e-coo vehicle without obtaining a driver’s license with a blood alcohol level of about 500 meters from the section of about 500 meters to the front road of the public medical center in the same Dong.

“2018 Highest 479

1. Defendant A

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and violation of the Road Traffic Act;

On August 31, 2018: 05: (a) the Defendant, without obtaining a driver’s license on August 31, 2018, driven a Fbee cruise car with a blood alcohol level of 173% 0.173%, and got 5 lanes from J, as it was Seo-gu in Daejeon, in accordance with the two-lanes towards the Nitle-distance distance from the side of the Bcheon River.

At the time, there was a rain in night, and there was a cross-section where traffic control by the traffic signal apparatus is carried out. Therefore, there was a duty of care for a person engaged in driving of a motor vehicle to reduce the speed, to live well before the mouth, and to drive the motor vehicle safely according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the right side of the H-si operated by the victim G (the age of 63) who was making a left-hand turn according to the traffic signal by negligence while neglecting the vehicle stop signal, and received the front part of the H-si operated by the victim G (the age of 63).

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim G, such as salt, tension, etc. of the bones of a neck in need of medical treatment for about three weeks, and escaped without taking necessary measures, such as immediately stopping and saving victims, even though the Defendant inflicted an injury on the victim I ( South Korea, 21 years old) who boarded the cab, by taking approximately eight-day care of the chest, such as an unknown corrosion in detail, and destroying the 8,288,872 won, such as the front gate of the cab.

(b) Violation of the Road Traffic Act (driving without Permission) or the Road Traffic Act (driving without Permission);

On August 31, 2018, at around 05: 30, the Defendant moved to a Fbee cruise car under the influence of alcohol level 0.173% under the influence of alcohol level 0.173%, without obtaining a driver’s license from the front side of the outer influence road in Daejeon Seo-gu to J, Seo-gu.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time, and driving a motor vehicle under the influence of alcohol more than twice.

2. Defendant B

The Defendant, while driving a vehicle without obtaining a driver’s license at the time and place specified in Section 1(b) by allowing A to lend a vehicle owned by the Defendant with knowledge that A did not have a driver’s license, thereby facilitating A’s free driving.

Summary of Evidence

“A previous conviction in the judgment,”

1. A statement of criminal history records, written judgments, and investigation reports (verification of the period of repeated crimes);

[2018 Highest 369]

1. Defendant A’s legal statement

1. Notification of the results of the drinking control, and the register of driver's licenses;

“2018 Highest 479

1. Defendants’ respective legal statements

1. Each police statement to G and I;

1. Notification of the results of the control of drunk driving, and the register of driver's licenses (A and G);

1. Each written diagnosis and estimate (K);

1. Blucs and video CDs

Application of Statutes

1. Relevant Articles of criminal facts;

A. Defendant A

Article 148-2 (1) of the former Road Traffic Act (Amended by Act No. 1530, Mar. 27, 2018)

Subparagraph 1, Article 44(1)(a) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a point of drinking)

Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes,

Article 268 (Crime of Escape after Injury Caused by Occupational Negligence) of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act

subsection (a) (a point of action after an accident)

B. Defendant B

Article 152 subparag. 1 and Article 43 of the Road Traffic Act, Article 32(1) of the Criminal Act

1. Formal concurrence (Defendant A);

Articles 40 and 50 of the Criminal Act / Violation of each Road Traffic Act (Drinking) and each Road Traffic Act (Down without a license)

(2) The punishment between the crimes, and the punishment imposed on the crimes of heavy violation of the Road Traffic Act (driving) shall be imposed.

Violation of each Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act.

the Act on the Aggravated Punishment, etc. of Specific Crimes for I with the largest penalty

half (Death or Injury resulting from Escape) Punishment provided for in the crime

1. Selection of penalty;

The defendant A shall be punished by imprisonment with prison labor and fine against the defendant B

1. Aggravation for repeated crimes (Defendant A);

Article 35 of the Criminal Act / Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes

Article 42 (Limits)

1. Mitigation (Defendant B)

Articles 32(2) and 55(1)6 of the Criminal Act

1. Aggravation (Defendant A)

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

1. Detention in a workhouse (Defendant B);

Articles 70(1) and 69(2) of the Criminal Act

1. A provisional payment order (Defendant B);

Article 334(1) of the Criminal Procedure Act

The reason for sentencing (Defendant A)

1. Application of the sentencing criteria;

[Scope of Recommendation Form 1 (Desertion after Injury) shall apply to the special street area (one year or more) after the traffic accident

4 years and six months)

[Special Persons in Charge] The case where illegality in the proviso of Article 3 (2) of the School Special Act (excluding subparagraph 8) is serious

* Since the sentencing criteria are not set on August 2, 2017 because they are in the relationship of substantive concurrent crimes with the self-offenders.

Only the lower limit of the sentencing criteria shall be observed.

2. Determination of sentence;

Although the Defendant had been sentenced at least five times to a punishment for drunk driving and driving without obtaining a license, the Defendant had a drinking or driving without obtaining a license in a short term after being released from the Defendant, and had been sentenced at least three times thereafter, the Defendant had been under the influence of drinking or driving without a license. When the Defendant was found to have committed a crime, the Defendant had been living abroad for a period of not less than one year, and the Defendant had escaped at the scene of a traffic accident in violation of the signal during driving without a license in the absence of a license even though he/she had been under the influence of drinking or driving without a license. Accordingly, the victims had been under the influence of three weeks, eight weeks, and the degree of damage caused by the Defendant’s crime was serious. While multiple Defendant submitted a rebuttal, considering the degree of damage caused by the Defendant’s blood alcohol concentration at the time of the criminal act as seen earlier, the Defendant’s punishment against the Defendant is not considered as a reason to reduce the

While the Defendant was sentenced to imprisonment for a short time through discretionary mitigation while repeatedly committing the same kind of crime during the period of repeated crime, the Defendant himself/herself proves that there is no possibility of edification. Only if the Defendant is isolated in this society for a long time, the Defendant may be subject to reasonable punishment against the Defendant. However, considering the favorable circumstances that the Defendant agreed with the victim C, the Defendant’s blood alcohol concentration and driving distance at the time of committing the crime, the Defendant’s age, character and conduct, environment, occupation, family relationship, and other various sentencing conditions as indicated in the trial process, such as the records and criminal records, shall be comprehensively considered.

Public Prosecution Rejection Parts

1. Summary of the facts charged

On August 31, 2018, 05: Around 30, 30, Defendant A operated a Fbera-crat-type car, and had five-lanes of J from the four-distance distance to the four-distance distance from the Seo-gu, Seo-gu, Seo-gu, Daejeon, to repair the front part of the taxi from the victim G's day to the front part of the taxi's right side, and damaged the 8,288,872 won to the front part of the taxi.

2. Determination

This part of the facts charged is a crime falling under Article 151 of the Road Traffic Act and cannot be prosecuted against the victim's express will under Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

C. Since a written agreement was submitted to this court on January 10, 2019 by the injured party who stated that he/she does not want the punishment of Defendant A after the institution of public prosecution, this part of the public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

Judges Godae-man