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(영문) 대구지방법원 김천지원 2017.02.14 2016고정469
범인도피교사등
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On April 17, 2016, the Defendant: (a) driven an E car with alcohol content of 0.066% while under the influence of alcohol on the front of a D cafeteria located in Gumi-si, Gumi-si; (b) around April 17, 2016, the Defendant driven an E car with alcohol content of 0.06%.

B. The Defendant also committed a crime of drinking at the time and place mentioned in the above A. The Defendant, which led to the occurrence of a crime of drinking at the time and place stated in the above A. As such, the Defendant would be subject to a severe punishment, and the Defendant, on the site of the case, friendly B, who had a record of drinking at home, has a lot of fines.

And it also leads to less fine because it has no influence of drinking.

The police officer asked that he will drive the vehicle on the surface of the police officer, and if you are punished only, the remainder will be solved."

On April 17, 2016, B made a false statement to G as a driver of the said car siren, who was called for the accident management at the accident site at around 21:25 on April 17, 2016.

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

2. The Defendant: (a) was a person who was friendly with A; (b) was aware of the fact of drinking at the time and place specified in Article 1-1(a); (c) but, at the same place as on April 17, 2016, the Defendant made a false statement to G police officers of the former U.S. police station as he/she was driving.

After all, the defendant, who committed a crime corresponding to a fine or heavier punishment, led to escape of A.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Statement made by the police with H;

1. Defendant B’s written statement

1. Police investigation report (in cases of dispatch to the scene and statement of a driver at the time);

1. A report on the occurrence of a traffic accident, a statement on the circumstances of the driver concerned, and a report on the detection of the driver concerned;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Road Traffic Act.

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