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Defendant
A shall be punished by imprisonment for six months, by a fine of 1,500,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. On March 24, 2011, Defendant A received a summary order of KRW 2.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act (dacting driving), and on March 3, 2011, Defendant A received a summary order of KRW 1 million from the Busan District Court to a fine for the same crime.
On April 8, 2016, the Defendant driven a Fi 40 vehicle from the front of the “D” restaurant located in Gyeonggi-si without a driver’s license to the front of the “Eel” road located in the same Dong and located in the same Dong without a driver’s license, while under the influence of alcohol concentration of 0.068% among the blood transfusions around 21:20 on April 8, 2016.
2. On April 8, 2016, Defendant B, at the main store located in G Co., Ltd. in the Gyeonggi-si, on April 8, 2016, Defendant B, after drinking with A and drinking alcohol, had Defendant B moved to “Eel” with A at night.
The Defendant, who parked a Fi40 car, a car of the Defendant, had the Defendant drinked for driving under the influence of alcohol to A, upon request to the purport that “in order to move a car within a 20-meter radius from the above “D” restaurant, a car of the Defendant would not be able to drive a car within a four-meter radius.”
As a result, the Defendant instigated A to violate the Road Traffic Act by allowing A to drive the said i40 vehicle while under the influence of alcohol level of 0.068% in blood around April 8, 2016.
Summary of Evidence
1. Defendants’ respective legal statements
1. The protocol concerning the interrogation of the Defendants to the prosecution
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The ledger of driver's licenses (the eighteenth page);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);
B. Defendant B: Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and Article 31 of the Criminal Act.