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(영문) 대구지방법원 상주지원 2017.10.24 2017고단386

범인도피교사등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 201, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of about 2 km from around 00:01 to around 00:01, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.10% in a 2km section, from the front of a restaurant of “Abuber” to the front of the C high-water road located in B.

2. At the time set forth in paragraph 1, the Defendant reported the patrol car called up after receiving 112 reports on the roads in front of C secondhand in border B, and told E, who is intending to conceal the fact of driving alcohol, to urge E, who is intending to conceal the fact of driving alcohol, to stop driving as if he driven, and led E, who is a driver.

Thus, the defendant was seated with the chief of the court.

Then, the E and the jobs are replaced to the following E, and the police officers belonging to the F District of the F District of the Seoul Police Station, who were dispatched upon receipt of a report, made a false statement to the effect that he/she responded to the measurement of drinking alcohol and driven by E in the manner that he/she was a driver.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects A by the prosecution;

1. Each police statement made to H and E;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Report on internal investigation (No. 7 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 151 (1) and 31 (1) of the Criminal Act concerning the crime (the occupation of the victim and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the defendant's proper exercise of criminal justice without simply driving alcohol.