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(영문) 수원지방법원 2020.02.07 2019고단6571

도로교통법위반(음주운전)

Text

Defendant

A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A was issued a summary order of KRW 2 million at the Suwon District Court on August 14, 2009 due to a violation of the Road Traffic Act (driving).

On September 15, 2019, the Defendant driven an Eco or car (hereinafter “instant car”) from the front road in Suwon-gu, Suwon-si to the front road in the same Gu from around 600 meters to the road in the same Gu, while under the influence of alcohol with a blood alcohol content of 0.107%, even though the Defendant had a alcohol record as above, at around 20:43, on September 15, 2019.

2. On September 15, 2019, the Defendant: (a) even though having been aware of the influence of alcohol by dividing alcoholic beverages with A at a nearby restaurant located in Suwon-gu, Suwon-si C, Suwon-si, the Defendant, despite being aware of the influence of alcohol by drinking, she saw the key of the motor vehicle to A; and (b) caused A to drive the motor vehicle under the influence of alcohol as described in paragraph (1), thereby aiding and abetting A to drive the motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation;

1. Video materials for parking cars;

1. Notification of the results of the drinking driving control, drinking measuring set, reporting on the state of drinking driving, etc.;

1. Records of judgment: Application of criminal records, reply reports (A) and investigation reports (verification of criminal records of drinking alcohol driving by a suspect) Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

(b) Defendant B: Articles 148-2(1) and 44(1) of the Road Traffic Act, Article 32(1) of the Criminal Act

1. Defendant B: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A, who has a record of driving a drunk, drives a motor vehicle again, and that Defendant B aided and abetted the driving of the motor vehicle under the influence of alcohol, and that the nature of the crime is not exceptionally applied.

Defendant

A shall be punished by a fine not exceeding three times due to drinking.