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(영문) 인천지방법원 2019.10.16 2019고단5704

범인도피교사등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 4 million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On February 13, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) and the Automobile Accident Compensation Guarantee Act (hereinafter referred to as the “Act”), around 04:20 on the road in front of Yeongdeungpo-gu Seoul Metropolitan Government, and around 50 meters from the road in front of Yeongdeungpo-gu, Seoul Metropolitan City to the road in front of the same Gu, driving E-V car not covered by mandatory insurance without obtaining a driver’s license, while under the influence of alcohol content of 0.078%.

B. When the Defendant was discovered while driving under the influence of alcohol as stated in the preceding paragraph, on February 14, 2019 in order to avoid criminal punishment, the Defendant asked B to “To make a statement as if he/she had driven instead of a punishment.” On March 16, 2019, B made a false statement to the effect that “In order to avoid criminal punishment, the Defendant was present at each of the F Offices of the Seoul Yeongdeungpo Military Police Station located in the Seoul Yeongdeungpo Military Police Station located in 608, the National Assembly as Seoul, Yeongdeungpo-gu, Seoul, Seoul, and received an investigation from G in the background leading up to the Seoul Military Police Station’s 608 Police Station, and the Defendant was on the front line at the time.”

As a result, the defendant instigated B to escape a person who commits a crime corresponding to a fine or heavier punishment.

2. On March 16, 2019, around 12:25, and April 12, 2019, Defendant B appeared at the F Office of the Seoul Young Military Police Station at the above Seoul Military Police Station at around 21:12, 2019, and was investigated by the above police officer, Defendant B made a false statement as if the Defendant had driven the above control vehicle at the request of Defendant B.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, has attempted to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Protocol concerning the examination of each police suspect against the defendant B;

1. Each police statement made to H, I, and J;

1. Investigation into the results of the control of drinking driving, mandatory insurance, and application of the statutes to the ledger of driver's licenses;

1. Defendant A of the pertinent Article of the Criminal Act