2018 Highest 6246 Violation of the Road Traffic Act (Retoxicing) and the Road Traffic Act (Non-sectioning)

Driving)

A (79 - 17)

Park In-bok (prosecutions) and the purpose of hand (public trial)

Law Firm B

October 31, 2018

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

Facts of crime

【Criminal Power】

On August 3, 2007, the defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Incheon District Court on August 3, 2007, and on August 7, 2007, the same court issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) respectively, and on January 24, 2008, the same court was sentenced to a suspended sentence of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving). On November 10, 201, the same court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving under the influence of alcohol) at the same court on June 4, 2015.

[Criminal Facts]

On July 29, 2018: around 12: Around 12, the Defendant driven a G headnex vehicle under the influence of alcohol concentration of about 0. 161% without obtaining a driving license from the Do in front of the D tunnel, which is located in the Nam-gu Incheon Metropolitan City, to the front of the F. E in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement in the circumstances of an employee;

1. A traffic accident report (the actual survey report);

1. Each photograph;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article applicable to criminal facts;

Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of influence by drinking), 152 subparagraph 1 and 43 of the Road Traffic Act (the point of influence by driving without a license)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as "reasons for sentencing")

In light of the fact that six times or more of the past records of punishment (two times of the suspension of the execution of imprisonment, four times of the fine) due to the crime of the same kind of crime for sentencing, the fact that the traffic accident occurred while driving under the influence of drinking without a license after the expiration of the suspension period, and the fact that the blood alcohol concentration level is considerably high, the defendant's severe punishment is inevitable.

However, it shall be considered that the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc. are considered as favorable to the defendant. In addition, the punishment as ordered shall be determined in consideration of the various circumstances shown in the arguments in the case.

Judges Kim Han-sung