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(영문) 수원지방법원 성남지원 2015.06.11 2015고단639

범인도피교사등

Text

1. Defendant A shall be punished by imprisonment with prison labor for 10 months, and by a fine of 5 million won, respectively;

2. Defendant B is subject to the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On December 27, 2014, the Defendant was under the influence of 01:10% of blood alcohol concentration of 0.140% on the 0.140% on the 00-6 front side of the YY-dong of Sungnam-si, the Defendant driven approximately 40 meters of DNA spologen vehicles on the 360-6 front side of the YY-dong.

B. On December 30, 2014, the Defendant: (a) when driving under the influence of alcohol as described in the foregoing paragraph (a) and when crackdowned on the fact that he received E’s F-F-related vehicles, the Defendant asked B to make a statement as if he driven the said satisf vehicle and request B to be exempted from criminal punishment.

B made a false statement to G on February 26, 2015, March 1, 2015, stating that “A was on board the back seat of the said vehicle at the time when he was on the driving of D Posben vehicle at around 01:10 on December 27, 2014, and at the time, A was on board the back seat of the said vehicle.”

Accordingly, the defendant caused B to make a false statement as if he driven the above halog vehicle.

2. On February 26, 2015 and March 1, 2015, Defendant B made a false statement to Defendant B, at the office of the Gyeonggi-do Police Station guard and the Transport Investigation Team, that “on December 27, 2014, Defendant A driven a D Pocholog vehicle on the back seat of the said vehicle, and at the time A was on the back seat of the said vehicle.”

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

Summary of Evidence

1. Defendants’ respective legal statements

2. Each police statement of E and C;

3. Application of Acts and subordinate statutes to written reports on running a driver;

1. Defendant A of the pertinent legal provisions concerning criminal facts: Articles 151 and 31(1) of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the choice of each imprisonment): Article 151(1) of the Criminal Act (the selection of fines)

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

3. Defendant B. at the workhouse.