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(영문) 울산지방법원 2019.08.09 2019노391
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, a criminal escape teacher is involved.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. We examine whether or not the crime of aiding and abetting an offender constitutes the crime of aiding and abetting an offender, ex officio prior to the judgment on the grounds for appeal by the defendant ex officio.

A. The summary of the facts charged is as follows: (a) the Defendant was found to have driven a motor vehicle under the influence of alcohol without obtaining a driver’s license on August 4, 2018; (b) on August 4, 2018, at around 0.175% of the blood alcohol concentration; and (c) on August 5, 2018, the Defendant was found to have been punished at a place not known to the public on August 5, 2018; and (d) the Defendant had a friendly job offering F to the effect that “if he is found to have driven a motor vehicle at once, she would be sentenced to punishment for a three-dimensional relationship.”

Therefore, around August 23, 2018, the Defendant submitted a written statement to the Assistant H, a police officer in charge, at the Yangsan Police Station G office, that “A driver of the E-learning No. 23:15, Aug. 4, 2018, who drives the E-learning Motor Vehicle, F and A did not drive,” and the Defendant falsely stated that “F driven the said E-learning Motor Vehicle” in the phone questioning to verify whether a slope H was driving.

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

B. The "act of attempting to escape an offender" under Article 151 of the relevant legal principles is any act other than concealment, which makes it difficult or impossible to act as a criminal justice such as investigation, trial, execution of sentence, etc. by means of any means other than concealment, and there is no restriction on the means and methods thereof, and the crime of attempting to escape is not necessary to bring about a result of practically interfering with the criminal justice as a dangerous offender, but at least, it is necessary to have an investigative agency to check the act of concealment stipulated at least.

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