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(영문) 서울남부지방법원 2013.10.24 2013고단3032
범인도피교사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 05:42 August 1, 2013, the Defendant driven a C-Adi vehicle under the influence of alcohol content of about 123 meters from the Africa 6-dong 1119-13, Gangseo-gu Seoul, Gangseo-gu, to the road in front of the African coffee shop 1117-13, the Defendant driven a C-Adi vehicle under the influence of alcohol content of about 0.187% from the 123m section.

2. On August 1, 2013, at around 07:58, the Defendant: (a) called “NNNN” to F, who was a deadly handicapped, in order to conceal the fact that the Defendant driven a drinking car in the E District located in Gangseo-gu Seoul Metropolitan Government, and (b) stated that F was driven by F, thereby inducing F to make a false statement.

Thus, the Defendant made F false statement to F that F driven the Defendant’s car at the E zone around that time, and made a false statement to F that F driven the Defendant’s car at the Seoul Gangseo-gu Seoul Gangseo Police Station and the Traffic Investigation Team Office located in Gangseo-gu Seoul Metropolitan City, 980-27, Gangseo-gu, Seoul, to the police officer, while driving the Defendant’s car on behalf of the Defendant, while driving the Defendant’s car on behalf of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. A written statement;

1. Notification of the results of the drinking driving control, a certificate of drinking control, and a report on the state of drinking drivers;

1. Control manual and field control photograph;

1. A criminal investigation report (STV image verification and attachment of CDs), CCTV closures and photographs;

1. Application of Acts and subordinate statutes to investigation reports, field surveys, and field photographs;

1. Relevant statutory provisions of Articles 151(1) and 31(1) of the Criminal Act concerning criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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