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(영문) 대전지방법원 2016.08.10 2016고단941

범인도피교사등

Text

Defendant

G The defendant AJ shall be punished by a fine of KRW 3,00,000, respectively, in three months of imprisonment.

Defendant

AJ shall be subject to the said fine.

Reasons

Punishment of the crime

1. Defendant G

(a) No one shall operate a motor vehicle knowingly, with the knowledge that it is a motor vehicle which has been installed without obtaining the approval of the competent authority in violation of the Motor Vehicle Management Act;

Nevertheless, the Defendant purchased AM5 car, the noise system of which has been modified from friendly districts without obtaining approval from the competent authority on September 2015, and operated the car in Incheon, etc. by November 9, 2015.

B. The Defendant was also aware that he did not pay a fine of two million won imposed for a violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic on August 2015.

On November 8, 2015, the Defendant, at the Bupyeong-gu Incheon Bupyeong-gu, demanded the police to find out and stop the vehicle with a noise device attached to the said vehicle while carrying the vehicle at the back seat and driving the said vehicle at the back seat of the Incheon Bupyeong-gu. However, the Defendant escaped, disregarding this demand.

The Defendant demanded the AJ to make a statement as a substitute driving because the police assigned the Defendant's car to the AJ, and thus, caused the AJ to make a statement as if the Defendant driven the vehicle as stated in the following paragraph 2, and abetted the police officer to avoid a crime by making a statement as if he driven the vehicle.

2. On November 8, 2015, Defendant AJ received a teacher requesting the statement that G is driving instead of G as stated in paragraph (1) from the Bupyeong-gu, Incheon, Bupyeong-gu, and accepted it.

Accordingly, the Defendant, instead of G, was seated in the driver’s seat of the said car, and the police officer who arrived at the site was driving the said car as he was a driver.

On November 11, 2015, at the time of the operation of the Incheon Samsan Police Station, the person was present at the Incheon Samsan Police Station and stated as if he was himself, thereby allowing the person to escape the G, which is designated as a fine unpaid.

Summary of Evidence

1. Defendant G’s legal statement, Defendant AJ’s partial legal statement

1. The witness G’s legal statement