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(영문) 대전지방법원 논산지원 2016.10.04 2016고단360
범인도피교사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) on April 24, 2016, the Defendant was required to comply with a drinking test by inserting the DNA clibly in the direction of approximately 2.3km from the sloping in the E zone belonging to the Seosan Police Station E zone, while driving a DNA clibly under the influence of alcohol from around 03:54 on April 24, 2016 to the road in front of “C” located in the same city at the same time. There are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as a little string distance, etc., around 04:08, around 04:21, around 04:34:34 on the same day, the Defendant was demanded to put the alcohol measuring instrument into a drinking measuring instrument over three minutes and three minutes on about 26 minutes.

Nevertheless, the defendant avoid this, and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. On April 24, 2016, the Defendant: (a) asked G to make a statement from “C” located in Seosan-si B to conceal the fact that the Defendant was drunkly driving; (b) asked G to the effect that the Defendant was driving a DNA fee vehicle as stated in paragraph (1); and (c) allowed G to make a false statement.

Thus, around June 12, 2016, the Defendant made a false statement to G to the head of Seosan Police Station H H H H H, who is investigating the instant case, to the effect that G driven the said Dratf vehicle.

Accordingly, the defendant instigated the above G to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. A protocol of suspect examination of G police officers;

1. The circumstantial report of an employee;

1. The user ledger of the measuring instruments for drinking;

1. A photograph description;

1. A report on investigation (for telephone investigation and investigation records, 32 pages);

1. Application of the Act and subordinate statutes to the investigation report (inward No. 6 of investigation records);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement) of the option of punishment for the crime, the Criminal Act;

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