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(영문) 대구지방법원 김천지원 2016.10.25 2016고정380
도로교통법위반(음주운전)방조
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On May 11, 2016, at around 21:00, Defendant A driven his C25 tons of car trucks with a distance of about 500 meters from 00 meters from the parking lot of the Soviet Park (Seoul bank) to the rest area of the rest area, located in the Yancheon-si, Seocheon-si, Macheon-si, Kimcheon-si.

2. Defendant B is a person who operates an E cafeteria in Chungcheongnam-dong, Chungcheongnam-dong, and sells meals and alcoholic beverages by attracting drivers from the rest area to the rest area to the rest area by using the FFland Ssch Rexroth car to the rest area.

On May 11, 2016, at around 19:10 on May 11, 2016, the Defendant provided alcoholic beverages to freight truck driver A who is expected to drive alcohol at a restaurant run by himself/herself, by selling one disease per week.

As a result, the defendant aided and abetted the violation of the Road Traffic Act by A.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Police investigation report (related to aiding and abetting the Violation of the Road Traffic Act, and data about selling alcoholic beverages);

1. A report on internal investigation by the police (the details of suspect's drinking and statements at a place of drinking);

1. Reports on detection of suspects in violation of the Road Traffic Act and reports on the situation of the driver, the driver, and the auditor;

1. Requests for investigation cooperation and for providing information on motor vehicles on expressways, and inquiry into the results of the control of drinking driving;

1. A credit card sales slip [Defendant B asserts that his act was illegal or not, but merely because Defendant B asserts that his act was not illegal, it is difficult to view that there is a reasonable ground to believe that there was a mistake as to his act was not a crime against him, and the mere site of such simple law does not affect the establishment of the crime of this case and the punishment therefor. Accordingly, Defendant B’s above assertion cannot be accepted).

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