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(영문) 전주지방법원 2016.05.19 2016고정134
범인도피교사등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 11, 2015, the Defendant driven a C Spo-type car under the influence of alcohol concentration of about 0.182% in a 30-meter section from the front line of the 19-lane Spoon-gu Spoon-si, Seoul Special Metropolitan City to the front line of the convenience store B at around 01:00.

2. On October 11, 2015, around 01:00, the Defendant also driven a ice-type car under the influence of alcohol, as described in paragraph 1, around B convenience stores located in Yansan-gu Seoul Special Metropolitan City, the Defendant: (a) while driving the ice-type car under the influence of alcohol, as described in paragraph 1; (b) while towing the FF taxi vehicle driven by E in the course of the early driving of the said vehicle, the police officer who received the 112 report would be at risk of being aware of the drinking driving on the wind called out by the police officer; and (c) upon having requested the police officer to make a statement by asking him/her to make a false statement.

G On October 11, 2015, at the above location on October 11, 2015, 01:22, G driving the said SP car to the assistant police box affiliated with the Hamba Police Station H of the previous State, which was called out after receiving a report of 112 at the above location.

A false statement was made.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant law and Articles 148-2 (2) 2, 44 (1) and 151 (1), and 31 of the Criminal Act concerning facts constituting an offense, the choice of a fine, and the selection of a fine;

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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