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(영문) 서울북부지방법원 2015.02.11 2014고단4156
범인도피교사
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 10, 2013, at around 02:54, the Defendant: (a) while driving EXE on the front side of D in Dobong-gu Seoul, Dobong-gu, Seoul; (b) when the Defendant was found to control drinking on the drinking, etc., the Defendant: (c) failed to comply with a drinking-free measurement, which would be detained by a drinking driving record, etc.; and (d) asked the police officer to make a false statement by requesting H who was aware of the fact of drinking driving at “G” restaurant located in Dobong-gu Seoul, Dobong-gu, Seoul; (c) on November 10, 2014, in order to conceal the fact of driving under the influence of alcohol; and (d) requested the police officer to make a false statement.

Therefore, around November 24, 2014, the Defendant appeared at the office of the Seoul provincial police station traffic accident investigation department located in the Seoul metropolitan Nowon-gu, Seoul metropolitan Nowon-gu, as a witness for the above drinking driving accident investigation, and made a false statement to the effect that “A meta or A only flue at a “K” restaurant located in J of Dobong-gu Seoul on November 9, 2013, while drinking off A at around 00:40 on November 10, 2013, and driving the said restaurant as a substitute for B and A’s vehicle” at around 22:30 on November 9, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution protocol (No. 28 No. 1 of the evidence list) concerning H;

1. Relevant Article 151(1) and Article 31(1) of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Act is not good, the defendant does not have any criminal records of the same kind or imprisonment without prison labor or any heavier punishment, and his depth is repented, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and other circumstances, such as the circumstances after the crime, shall be determined as ordered in full view of all the circumstances.

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