Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a person who operates a restaurant business in Seongbuk-gu, Changwon-si B with mutual "C".

No one shall sell alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, at around 01:00 on August 3, 2018, the Defendant sold D(17 years of age), E(17 years of age), and F(17 years of age) alcoholic beverages with 1 and 4 beer, etc. as alcoholic beverages, without verifying their age by identification card, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D or E's partial statement in court;

1. Application of Acts and subordinate statutes to reports on occurrence and internal investigation;

1. Article 49 Subparag. 6 of the Act on Criminal Crimes and Articles 28(1) of the Juvenile Protection Act [the Juvenile Protection Act prohibits sale of alcoholic beverages, etc. to juveniles, and imposes an obligation to verify the age of the other party on a person who intends to sell alcoholic beverages (Article 28(1) and (3) of the Act). If a business owner sells alcoholic beverages to juveniles without taking any measures to confirm age by violating such duty to verify age, barring any special circumstance, the business owner’s willful intent is recognized to commit a crime of violating the Juvenile Protection Act by selling alcoholic beverages to juveniles (see, e.g., Supreme Court Decision 2007Do770, Nov. 16, 2007). While the Defendant sold alcoholic beverages without taking any measures to confirm the identity card of juveniles as stated in the facts charged on the day of the instant case, there is no material to verify that the Defendant thoroughly implemented such measures as confirming the age of juveniles prior to the instant case.

In addition, given the characteristics of the restaurant that many unspecified customers have access, there is a possibility that the Defendant, the owner of the restaurant, can capture or mistake in the process of confirming the identity of the customer and memory the implementation of the age verification measure. Therefore, the proprietor sells alcohol to the proprietor, barring any other special circumstances.