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(영문) 인천지방법원 2017.09.06 2017고단4489

범인도피교사등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. On May 17, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven E-mail vehicles under the influence of alcohol content of about 0.098% in a section of about 2km from the front of the office of the Dispute Resolution Co., Ltd. in the Nam-gu Incheon Metropolitan City, Incheon to the front of the prescribed shooting distance of about 91, the Bupyeong-gu, Incheon.

B. On May 18, 2017, the Defendant also asked B, an employee of the same company, to be exempted from criminal punishment due to drinking, as set forth in paragraph (1) of the above 1. A of the above 1.m., B, at the time and at the same place as paragraph (a) of the above 1.m., demanded B to make a statement at the police station as if he/she driven the above cab, and the consent B, at around 10:00, May 19, 2017, made a false statement as if he/she was driven by the office of the Bupyeong-gu Incheon Metropolitan City Bupyeong Police Station F office located in Bupyeong-gu, Incheon, Incheon.

Accordingly, the defendant instigated the criminal to avoid.

2. At around 10:00 on May 19, 201, Defendant B, at the office of the Incheon Bupyeong-gu Incheon Bupyeong-gu Police Station F office, where 511 was located, (a) and was aware of a crime corresponding to a fine or heavier punishment, Defendant B, upon A’s request, made a false statement to the G during the investigation into the instant case to the effect that “on May 17, 2017, the Plaintiff driven the said cargo vehicle at around 03:00.”

Accordingly, the defendant let the criminal escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes, such as a statement of the circumstances of a driver placed in the main place, a photograph of control site, and a manual

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 148-2 subparag. 2 subparag. 3 and 44(1) of the Road Traffic Act (driving under influence of alcohol), 151(1) and 31(1) of the Criminal Act (a) of the same Act, and selection of fines, respectively;

B. Defendant B: Article 151(1) of the Criminal Act (Optional to a punishment)

1. Aggravation of concurrent crimes (defendant A) (defendant A).