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(영문) 서울서부지방법원 2021.03.25 2020고단3499

도로교통법위반(음주운전)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 2.5 million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendants are middle school-friendly families.

On January 11, 2010, the defendant A, who is the defendant, was issued a summary order of KRW 1 million with a fine of KRW 1 million as a crime of violating road traffic laws at the Seoul Western District Court on January 11, 201, and on January 17, 201, the Seoul Southern District Court issued a summary order of KRW 2 million with a fine of KRW 2 million as a crime of violating road traffic laws.

Nevertheless, at around 03:40 on September 5, 2020, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.096% from the 30km section to the road located at approximately 25.5 km in the direction of the volume of the two roads in Seoul, where the west-gun revenue side of Gyeonggi-gu is located, from the Han River Park near the Mapo-gu Seoul Mapo-dong, 294-8.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. Defendant B is a holder of C Launa car driven by Defendant A.

From September 5, 2020 to 00:30 to 03:00, the Defendant had drinking together with A, etc. from the Han River Yung-dong, Mapo-gu, Seoul Mapo-gu, 294-8.

피고인은 A이 술에 취한 상태 임을 알면서도 A에게 ‘ 바람 쐬러 가자 ’라고 말하고, 피고인이 소지하고 있던 위 승용차 스마트 키로 차량 문을 열고 동승하여 A이 제 1 항과 같이 음주 운전을 할 수 있도록 하여 A의 음주 운전을 용이하게 함으로써 이를 방 조하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Examination report (report on the situation of the driver in charge) and photographs on the enforcement site;

1. Previous convictions in judgment: Application of the inquiry letter, such as criminal history, (A), investigation report (Attachment of a summary order for driving alcohol), and summary order under two Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) (amended by Act No. 17371 of Jun. 9, 202)

B. Defendant B: the former Road Traffic Act (amended by Act No. 17371 of June 9, 2020).