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(영문) 서울북부지방법원 2016.03.31 2016고단29

사기미수등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who received a summary order of KRW 1,50,000 from the Seoul Northern District Court on December 8, 2014 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and the same court on June 8, 2015 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving).

1. Defendant A

A. On August 14, 2015, the Defendant driven a FMW car with alcohol content of 0.094% while under influence of alcohol without obtaining a driver’s license from around 02:30 on August 14, 2015.

B. The Defendant was driving a FMW car at the same date and time as the above paragraph (a) and at a place, and caused an accident where G was parked in the following part of the said car, which led to the occurrence of a part behind the HW car parkeded by G.

After that, at the time of the above accident, the defendant was driving a police officer who was on the duty to report as provided in paragraph (2) by a woman-friendly Gu B, who was on the top of the FMW car operation.

When making a false statement, B had a view to helping B make a false statement as if B driven the FMW car.

On August 14, 2015, at around 04:40, the Defendant was investigated by the traffic survey team of the Seoul Nowon-gu Seoul Nowon-gu Police Station, and the Defendant was able to drive FW car, and the Defendant made a false statement as if he she was on the fW car with the fM chief seat. On August 16, 2015, the Defendant was investigated at the Seoul Nowon Nowon-gu Police Station’s expense and the traffic survey team’s office and made a false statement to the same effect. On December 21, 2015, the Defendant made a false statement to the effect that he was investigated at the 502 prosecutor’s office of the Seoul Northernbuk-gu Seoul Northern District Public Prosecutor’s Office at around 14:00.

As a result, the defendant assisted the escape of the criminal by making a false statement even though he knows that the defendant committed a crime corresponding to a fine or heavier punishment.

(c)

The Defendant attempted to receive an accident from an insurance company with respect to the foregoing traffic accident, but the driver himself/herself is.