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(영문) 서울중앙지방법원 2013.05.15 2013고단1605
범인도피교사등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant A, from around 08:10 on February 1, 2013 to around 08:12 on the same day, driven a DNA again without obtaining a driver’s license from around 250 meters to around 62-37, Gangnam-gu Cheongdamdong, Gangnam-gu, Seoul.

B. On November 23, 2012, Defendant A had been sentenced to a fine of 4 million won for a violation of the Road Traffic Act in the Seoul Central District Court, as well as a fine of 1 million won for a violation of the Road Traffic Act at the Seoul Central District Court, and was anticipated to be punished for more than once for a crime committed in the above crime. On February 1, 2013, Defendant A had been living together with the Gangnam-gu Seoul E 102, and then, Defendant A told Defendant B to the same effect that “I would know that I would have received street trees by driving the said vehicle at the investigative agency where the license was revoked.” As such, Defendant A had tried to make a statement at the investigative agency on behalf of Defendant A.

As a result, Defendant A instigated a person who commits a crime subject to a fine or heavier punishment to escape.

2. Defendant B, at around 19:39, on February 2, 2013, at the Gangnam-gu Seoul Gangnam Police Station traffic survey office, Defendant B stated that, according to the direction of the said A, a person who driven the said vehicle and received roadside trees while driving the said vehicle at around 08:10 on February 1, 2013, although he did not drive the said vehicle.

As a result, Defendant B caused the escape of the above A who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. The actual condition survey report;

1. Application of the statutes on the revocation of driver license

1. Article 152 subparagraph 1 of the Road Traffic Act - Defendant A: Article 152 subparagraph 1 of the same Act and Article 43 of the Road Traffic Act (the point of driving without a license), Articles 151 (1) and 31 (1) of the Criminal Act (the point of a person who is under custody of a criminal), and the choice of imprisonment, respectively;

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