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(영문) 서울북부지방법원 2016.12.22 2016고정1917
도로교통법위반(음주운전)방조
Text

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

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

Reasons

Punishment of the crime

On April 28, 2016, at around 22:40, the Defendant provided C with a vehicle in body with Dro, owned by the Defendant, without restraint, while being aware of the fact that C is trying to drive under the influence of alcohol from the front of a restaurant on the street in the Nowon-gu Seoul Northern Sea to the front of the 69-1 mine street in the old old Sea, and aided C to drive under the influence of alcohol.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to the Report on the circumstantial statement of a drinking driver, the report on the circumstances of a drinking-driving, and the control of drinking-driving;

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 (1) of the Criminal Act, which select the penalty for a crime;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant repents his mistake and does not have any criminal record against the defendant);

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;

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