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(영문) 대구지방법원 상주지원 2016.09.27 2016고단249
범인도피교사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 16, 2016, the Defendant: (a) driven a Brocketing car without a vehicle driver’s license, under the influence of alcohol content of about 0.07% from the 1km section from the 1km to the 52-5-7% alcohol level in the front of the Nakdong-dong Center, a person residing at around 21:45 on May 16, 201.

2. On May 16, 2016, the Defendant also driven by the Defendant to C (a person charged with summary indictment on the same day) who was aware of the fact that the Defendant had driven a drinking or a non-licensed driving, as described in the foregoing paragraph 1, at a trade in an influence, located in the Nakdongdong, at the time of his stay on May 16, 2016.

By asking for statements, C made a false confession.

Thus, the defendant was driven by C to a police officer at a police station located in the same day on the same day.

A false statement was made.

As a result, the defendant instigated the above C to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Report on the circumstances of driving a driving, inquiry into the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 151 (1) of the Criminal Act, Article 31 (1) of the Criminal Act (the point of aiding and abetting an offender) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspension of execution (the confession and reflect of a crime, and the consideration of a previous offense);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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