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(영문) 부산지방법원 2021.01.21 2020고단4630

도로교통법위반(음주운전)

Text

Defendant

A Imprisonment of one year and two months, and Defendant B shall be punished by a fine of two thousand five hundred, five hundred won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal record] On September 10, 2020, Defendant A was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on September 10, 202 and the above judgment became final and conclusive on September 21, 2020.

[Criminal facts]

1. On August 24, 2015, Defendant A received a disposition to transfer juvenile protection cases due to a violation of road traffic law (drinking driving) at the Busan District Public Prosecutor's Office on August 24, 2015

On March 3, 2020, the Defendant driven around 02:14, 00% alcohol concentration of around 0.068%, and driven a 125CC No. 125 meters off from the front day of the Defendant’s office in Busan BY C to the front day of the same Gu.

Accordingly, the defendant has been driving a motor vehicle in the state of drinking even though he has violated the prohibition of driving in the state of liquor once.

2. Defendant B

A. The Defendant who violated the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle, etc. on the road, which has no number plate 125CC and no mandatory insurance has been subscribed.

Nevertheless, from around 23:00 on March 2, 2020 to 23:31 on the same day, the Defendant driven a 125CC Ba, which had no number plate that was not covered by mandatory insurance of approximately 1.5 km from the front of the Busan coastal District E to the front of the Gu.

B. On March 2, 2020, the Defendant, from around 23:32, 202, to the next day 02:00 on March 2, 202, would drink with A while drinking alcohol together with B in the restaurant of “G” located in F of Busan Metropolitan Government, and friendly A, who drinks with B.

On March 3, 2020, at around 02:07, the key to 125CC, which was not above No. 11,007, had A drive an Orala while under the influence of alcohol, as in paragraph 1 of the above.

Accordingly, the defendant made it easy to drive the above A's drinking alcohol and prevented it.

Summary of Evidence

1. Each legal statement of the Defendants H, I, and J

1. The investigation report (the main driver's report);