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(영문) 수원지방법원 안양지원 2013.11.29 2013고단1293

범인도피교사등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 4, 2013, at around 02:21, the Defendant driven a “Case B” vehicle under the influence of alcohol concentration of about 0.145% at a section of about 3km from the Do near the Do in the Dong-dong Winter Station to the 125 front parking lot of the same Gu Scattering-dong 125-dong, Gyeyang-gu, Ansan-si, Gyeonggi-do.

2. When the Defendant, as seen above, breathing a drunk driving, had the Defendant take a sobreath test as a result of the so-called so-called so-called “undriving” in the remaining report on the statement on the state of the state of the driving under the influence of alcohol, and had friendly D make the person make a false confession as if D driven, and had him/her avoid punishment.

On August 4, 2013, at around 06:30, the Defendant asked the above D to satisfy and make a false statement, and during the same day, D was present at the E box of the Police Station and stated D as a driver. On August 9, 2013, D made a statement to the effect that the investigator in charge was driving the said vehicle at the transportation investigation office of the above Police Station, and prepared and submitted a written statement with the same content.

Accordingly, the defendant had the above D investigate as if he was a criminal defendant, and instigated the escape of a person who is sentenced to a fine or heavier punishment.

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

1. A report on detection of the driver from the host driver (the fact of crime No. 2 in the market);

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act and Articles 151 (1) and 31 (1) of the Criminal Act concerning the facts constituting an offense (a point of a person to whom extradition is instigated);

1. Each selective fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is found to be the driving under influence of alcohol.