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(영문) 수원지방법원 안산지원 2019.08.13 2019고단1659 (1)

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 19:00 on December 16, 2018, the Defendant, while knowing that D would drive a motor vehicle while drunkly under the influence of 0.194% of blood alcohol level at “C” restaurant located in Sinung-si B, S, provided D with an ES350 motor vehicle owned by the Defendant, and aided D to facilitate D's drinking driving by moving D to the front of the “Hmat” road located in Sinung-si, Sinung-si, while driving a motor vehicle from F in Sinung-si to F.

Summary of Evidence

1. The legal statement of the defendant and D;

1. Application of Acts and subordinate statutes to output the result of the measurement of drinking meters;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 32(1) of the Criminal Act concerning criminal facts;

1. Articles 32 (2) and 55 (1) 6 of the Criminal Act, which are statutory mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;