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(영문) 인천지방법원 부천지원 2014.04.10 2014고단144
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:40 on December 27, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.094%, and the Defendant was driving a vehicle at approximately 400 meters from the front of the Kimpo-si, Yangyang-si, Kimpo-si, to the road in front of the 7rd complex of the 7rd complex of the Kimpo-si.

2. On December 27, 2013, the Defendant: (a) around 21:40 on the road in front of the 7rd village of Yangpo-si, Yangpo-si, Yangpo-si, Kimpo-si, Kimpo-si; (b) under the influence of alcohol, the Defendant: (c) was driving the said fluor while driving the said fluor under the influence of alcohol; and (d) the police officer, who received a report from D, dispatched the fluor to the site and led the scene to take measures and regulate drinking.

The Defendant: (a) had concerns over detection of the fact of drunk driving; (b) solicited the police officer who was accompanied by the above f to “the police officer who was driven by the NN” to “the police officer who was driven by NN; and (c) led F to a police officer dispatched to the site to have the police officer make a false statement as if he driven by the F.

Accordingly, at around 22:00 on the same day, the Defendant: (a) stated F as if the Defendant driven the said vehicle at the same place; (b) stated F himself as a person operating the said vehicle; and (c) made F, at around 22:30 on the same day, prepared a false statement as if the Defendant driven the said vehicle; and (d) instigated F to escape from the offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, and Articles 151 (1) and 31 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspension of execution is strictly against the crimes of aiding and abetting a criminal under Article 62(1) of the Criminal Act;

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