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(영문) 서울남부지방법원 2018.05.31 2018고단1824
범인도피등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:50 on July 25, 2017, the Defendant driven C rocketing car under the influence of alcohol content 0.271% during blood while under the influence of alcohol content 0.271% from the 14th king-ro, Jung-gu, Incheon, Jung-gu to the 18th king-ro.

2. On July 25, 2017, around 04:54, the Defendant, even an offender, was aware that he/she driven a car after drinking alcohol and driving the car in front of the Incheon Jung-gu, Incheon, Jung-gu, and that he/she driven the car to the guard of the Incheon Jung-gu Police Station and the guard of G with knowledge that he/she driven the car after drinking alcohol.

After making a false statement, a drinking test was conducted at the H’s request.

In the end, the defendant had a person who committed a crime subject to a fine or heavier punishment escape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects of I, J, and E;

1. Statement made to K in the police statement;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act and Article 15 (1) of the Criminal Act concerning facts constituting an offense (a crime committed by a person who is also an offender) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The person who has attempted to commit a special sentencing in the basic area (from April to one year) within the scope of the recommended punishment shall not fall under any of the following categories:

2. The fact that the sentencing volume of sentence is high, the escape of an offender is a crime that obstructs the proper exercise of criminal justice, and the fact that the nature of the crime is not good is disadvantageous to the defendant.

However, it is advantageous to the defendant, such as having no criminal record for the same type and having no record of the suspended execution or more.

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