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(영문) 창원지방법원 2019.11.21 2019노1047
도로교통법위반(음주측정거부)방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant at the time of the instant case, namely, “I am unable to comply with the drinking measurement, Mad. time I am.”, and there was no intention to assist C in the act of refusing the drinking measurement.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. 1) Determination of the assertion of misunderstanding of facts under the relevant legal principles refers to direct and indirect acts that facilitate the commission of a principal offender while knowing the fact that the principal offender is committing a crime. As such, the so-called aiding and abetting the principal offender’s commission and the principal offender’s act constitute an act that constitutes an element of a crime. However, inasmuch as such intentional act is an in-depth fact, if the defendant denies it, it is inevitable to prove indirect facts that have considerable relation with the principal offender in light of the nature of the object, and there is no other method than reasonably determining the connection of the fact by using an in-depth observation or analysis power based on normal empirical rule. In addition, the principal offender’s intent in the aiding and abetting crime is not required to recognize the specific contents of the crime realized by the principal offender, and it is sufficient to obtain dolusent recognition or prediction (see Supreme Court Decision 2003Do6056, Apr. 29, 2005).

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