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(영문) 대전지방법원 공주지원 2019.01.29 2019고단8
도로교통법위반(음주운전)방조
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. On August 11, 2018, from around 04:05 to around 05:24, Defendant A, at the main point of “E”, he drinked with F, B, and C, and she did not only want to drive an I low-speed car parked in G in the front of “Hnode bank” or in the front of “Hnode bank,” and she assisted F with B, along with B, to facilitate F to drive a low-speed car under the influence of alcohol concentration of about 0.87% from the section of approximately 1km to the front day of the J apartment road in the public city.

B. As set forth in paragraph (1), Defendant B and C did not only want to drive a low-speed car parked in G and in front of the “Hnoman bank” in the public sector after drinking alcohol together with F and C, but also assisted F to drive a low-speed car in the state of alcohol 0.087% under the influence of alcohol level in the section of approximately 2 km up to the front of “L bank” through J apartment path from the place to the front of the public sector.

2. The act of aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the commission of a principal offender while knowing the fact that the principal offender is committing a crime. It also constitutes an act of aiding and abetting and abetting and promoting the commission of a principal offender as well as a tangible and material aiding and abetting and promoting the resolution of the commission of a crime. However, in order to establish a crime of aiding and abetting and abetting, the existence of the act of aiding and abetting and facilitating the commission of a specific crime by aiding and abetting the principal offender and the recognition of the offender as to the act of aiding and abetting and abetting and facilitating the commission of a crime is required (see, e.g., Supreme Court Decision 2004Do1632, Jan. 26, 2007). The Defendants easily carried the F's drinking driving with a vehicle without driving the F.

It can not be said that the resolution of a crime of drinking driving has been strengthened.

other documents submitted by a prosecutor.

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