Text
Defendant
A shall be punished by imprisonment for eight months, by a fine of 2,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A, around November 23, 2012, 22:00, she drinks alcohol on the front side of the D factory located in Net City C and drives E SP car.
When a traffic accident occurs, B is being moved to a driver's seat to a person who was on the steering ground to conceal a drunk driving.
The statement that it caused an accident is possible to see that B was moved to a driver's seat, and as a result, B was moved to a driver's seat at around 23:27 on the same day, and after receiving a report from the G Hospital emergency room located in G Hospital F at the 23:27 on the same day, I drive the said car to the assistant Hamba belonging to the G Hospital Police Station.
A statement made to the effect that an accident caused, and after responding to the drinking measurement, the signature was made on the report on the drinking driver's action.
As a result, the defendant instigated B to escape himself who committed a crime corresponding to a fine or heavier punishment.
2. The defendant B knew that he committed a crime corresponding to a fine or heavier punishment against the defendant A, but, upon the request of the defendant A, had the defendant escape as provided in paragraph (1) of the above Article.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of Defendant A by the prosecution;
1. Application of the police interrogation protocol to Defendant B
1. Article 151(1) and Article 31(1) of the Criminal Act; Defendant A who choose to punish a criminal defendant; Article 151(1) of the Criminal Act; Article 151(1) of the Criminal Act; Selection of a fine;
1. Articles 70 and 69 (2) of the Criminal Act;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (Defendant A) (see, e.g., Supreme Court Decision 2009Du10
1. Article 62-2 of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act (Defendant B);