beta
(영문) 울산지방법원 2016.1.13.선고 2015고단2266 판결

범인도피교사,도로교통법위반(음주운전),도로교·통법위반(무면허운전)

Cases

2015 Highest 2266 Criminal Escape, Violation of the Road Traffic Act (Retoxicated Driving), and road crossing

Violation of Common Law (Unlicensed Driving)

Defendant

A (88 years, South Korea), Company Board

Prosecutor

Kim Jong-Un (Institution of Prosecution) and a door-to-door (Trial)

Defense Counsel

Attorney Kim Jong-hwan

Imposition of Judgment

January 13, 2016

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal History Office

1. Violation of the Road Traffic Act (driving) or violation of the Road Traffic Act (driving without a license);

On June 13, 2015: 06: around 20, the Defendant driven a motor vehicle without obtaining a driver's license at a distance of about 10km from around the department store to the front road of the YIC located in the Dong-gu defense Dong-dong, Seogsan-dong. From around 20, the Defendant driven a motor vehicle with a blood alcohol content of about 0.082% 0.082% ***** * * *3 passenger cars.

2. Abetting an offender;

At the same time as Paragraph 1, the Defendant asked B to drive a woman-friendly job B (the age of 25) who was accompanied by the vehicle on the front of the foregoing towing IC on the road, because he did not grant any internal license, and was driving instead of 4 on the ground of drinking condition. The Defendant requested B to do so on the ground that he did not grant any internal license. At around 07:37 of the same day, the Defendant: (a) had the said B consented to the said B, who was a police officer in charge of the traffic survey at the Ulsan-dong Police Station in the Ulsan-dong Police Station, made a false statement that he had caused the traffic accident; and (b) had the Defendant take a drinking test

Accordingly, the defendant instigated the above B to have a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of a drunk driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of a without a license), Article 151 (1) and Article 31 (1) of the Criminal Act (the point of a criminal escape)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The punishment as ordered shall be determined by taking into consideration the following circumstances, including the fact that a person was sentenced to a suspended sentence of imprisonment due to drinking driving, etc., on the other hand, the fact that the confession of a crime and a mistake appears to be repented, the fact that there is no force other than the above suspended sentence, and the age of the defendant.

Judges

For the remaining judge