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(영문) 서울중앙지방법원 2016.11.29 2016고정3276

도로교통법위반(음주운전)방조

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

B is a driver of CK5 vehicle, and the defendant is the borrower and the winner of the vehicle.

B around 03:25 on July 20, 2016, around 03:03:159% of blood alcohol concentration, and CK5 car was driven from around 1km to the front of Gangnam-gu, Gangnam-gu, Seoul.

The Defendant, while driving a motor vehicle B at the same time and at the above place, even with the knowledge that he was unable to drive a motor vehicle because he was under the influence of alcohol with B, the Defendant, despite being aware that he was unable to drive a motor vehicle, allowed him to drive the motor vehicle on his own, and aided and abetted B to drive the motor vehicle by getting on the top of the operation of the motor vehicle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. A report on detection of a host driver;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of next time inquiry data (C);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and Article 32 of the Criminal Act (Selection of Fine)

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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

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