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(영문) 전주지방법원 남원지원 2014.03.25 2013고단289

범인도피교사등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2013, the Defendant driven B K5 automobiles without a driver’s license in a state of under the influence of alcohol concentration of about 0.121% at the section of about 2km from the front side of a tree converted from a female in the south-si Do through the Southern-si, Seoul Special Metropolitan City to the front side of the road located in the same Dong from around 19:00 to the front side of the 2km road.

2. On November 16, 2013, the Defendant is driving a B K5 car without a driver’s license while under the influence of alcohol with a blood alcohol concentration of 0.121% on the front side of the Korean Dota in the south-si Dondong on the road located in the Southern-si Dondong on November 16, 2013

C Driving caused a traffic accident involving a vehicle with D-V-fol-fol-foling, and upon request to the effect that “I would like to have a police officer make a statement as if I driven directly,” the said E would also instigate an offender by making the said E to make a false statement to the assistantF belonging to the traffic investigation department of the Southern Police Station, which called “I would have driven by oneself.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. C’s statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to report internal accidents (the statement of each party to the driver involved in the accident and the details of measurement of drinking);

1. Relevant provisions of Article 151 (1), Article 31 (1) of the Criminal Act for the crime concerned, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the defendant has a depth and reflects the crime of this case, and the defendant is subject to criminal punishment exceeding a fine.