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(영문) 의정부지방법원 2014.02.07 2013고단4394

범인도피교사등

Text

A defendant shall be punished by imprisonment for six 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. 도로교통법위반(음주운전) 피고인은 2013. 8. 22. 02:00경 남양주시 호평동 640에 있는 ‘준코’라는 상호의 주점 앞 도로에서부터 같은 시 화도읍 마석우리에 있는 중흥아파트를 거쳐 다시 호평동 642-3에 있는 제뉴프라자 앞 도로에 이르기까지 약 12km 구간에서 혈중알코올농도 0.142%의 술에 취한 상태로 C 포르테쿱 승용차를 운전하였다.

2. On August 24, 2013, the Defendant: (a) stated that the Defendant was driving a motor vehicle under the influence of alcohol as set forth in paragraph (1) on the front of the film hall called “Membling room” in the southyang-si, Chungcheongnam-si; (b) stated that the Defendant was driving the motor vehicle under the influence of alcohol; and (c) made the Defendant feel a false confession.

Therefore, on August 25, 2013, the Defendant made D false statement to D having D drive the said car at the Southyang Coast Police Station and the Transport Investigation Team located in 20-15 now at the Namyang-do, Gyeonggi-do, that D driven the said car. On September 22, 2013, the Defendant made a false statement to D having the said E drive the said car.

Accordingly, the defendant assisted the above D to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect and statement of D by the prosecution;

1. Statement made by the police with regard to F and D;

1. The actual survey report on traffic accidents;

1. Photographs of the skin vehicle;

1. Address photographs of the case;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Application of investigation reports (the result of execution of requests for provision of data for confirmation of communications fact) Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;