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(영문) 대전지방법원 천안지원 2017.03.21 2016고단1708 (1)
범인도피교사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C On April 3, 2016, when driving under the influence of alcohol at around 02:51, while stopping on the road while under the influence of alcohol at 0.104%, C was under the influence of alcohol on the road, and was under the control of alcohol on the road, and was investigated by the police, C, while discussing the Defendant and the countermeasures he was under the influence of alcohol at the time of driving under the influence of alcohol, C expressed a false substitute driver to the police.

On April 12, 2016, the Defendant stated that “E restaurant” located in Asan City D, around 19:00, the Defendant: (a) contact with F that operates an agency driver via the above restaurant operator to enter the said restaurant; (b) and (c) “F was subject to the influence of drinking, and the agency driver was required to do so.”

Then, C calls the F several times from April 14, 2016 to April 17, 2016 to request the F to make a false statement as if he/she had been acting on behalf of him/her, and asks F to make a false statement, and only “F is present at the police station and make a statement as if he/she had been acting on behalf of the police station.” In response, C will be given KRW 2 million.

“At the request of the purport,” “F was present at the G belt of the ASEAN Police Station around April 20, 2016, with the mind of having the F make a false statement, and was driven by the police officer “C from April 3, 2016 before I week to the control place.”

“The purpose of “ was to make a false statement.”

As a result, the defendant conspired with C to induce F to escape a person who commits a crime equivalent to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to report the circumstances of drivers driving a drinking and notify the results of regulating drinking driving;

1. Relevant Article 151(1), Articles 31(1), and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The defendant committed a crime of drinking alcohol driving on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence.

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