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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
1. On December 12, 2014, Defendant A received a summary order of KRW 4 million from a fine of KRW 4 million due to a violation of road traffic law (driving), etc. in the Seosan Branch of the Daejeon District Court on December 12, 2014, and on October 23, 2015, the same court issued a fine of KRW 7 million due to a violation of road traffic law (driving under drinking), and received a summary order of KRW 7 million on at least two occasions due to drinking.
Nevertheless, on April 12, 2018, the Defendant driven a G 3 freight vehicle while under the influence of alcohol level of 0.114% while under the influence of alcohol level of 0.14%, from around 22:08 to around 500 meters from the front of the “D” restaurant to the “D” restaurant via F in E, and without obtaining a driver’s license.
2. Defendant B, at the same time as described in paragraph 1, knew at the “D” restaurant located in Jin-si, Jin-si, at the same time, that A was under the influence of drinking at the above restaurant, and requested A to purchase the kimchi to be used in the above restaurant, thereby allowing A to drive the above cargo while under the influence of alcohol, with a view to having A drive the said cargo at the G wing-si, and let A take the key of the said cargo vehicle, and let A start up the key of the said cargo vehicle and get A to board the wing.
Therefore, the defendant had A drive the above cargo vehicle as described in paragraph 1 on the same day, and instigated A to drive the vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement prepared by H;
1. Reporting of internal investigation (the details of the detection);
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Statement under the circumstances of the relevant driver’s Dong;
1. Photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (a).
1. Defendant A of the pertinent legal provision on criminal facts: Articles 148-2(1)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act; Articles 152 Subparag. 1 and 43 (the point of driving without a license) of the Road Traffic Act. B: Defendant B.