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Legal Intellectual

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Q

I belatedly learned that the testimony I gave was not true. Am I subject to perjury punishment?

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It happened in a parking lot, and I'm currently facing a police investigation as a criminal suspect. I was just moving a car briefly that was parked, but after drinking, I thoughtlessly got behind the wheel and caused a minor contact accident. Looking into it, I saw that driving in an apartment complex parking lot isn't punishable — is that correct? It's my first offense — can I receive sentence reduction by writing a DUI letter of reflection? I'm wondering if I need to hire a DUI specialist attorney.

perjury

perjury crime

A

Answer to Related Inquiry

According to Supreme Court Decision 95Do192 dated August 23, 1996, "Perjury is established when a witness who has sworn under law makes a statement contrary to their memory, so it cannot be immediately concluded as perjury just because the statement does not match objective facts."

This means that if perjury was not committed intentionally, it cannot be immediately concluded as perjury.

However, if you cannot logically prove this, perjury crime may be established, so caution is required.

Article 152 of the Criminal Act (Perjury, Perjury for Evil Purpose) ① A witness who has sworn under law and made a false statement shall be punished by imprisonment for up to 5 years or a fine of up to 10 million won.

② A person who commits the crime of the preceding paragraph for the purpose of harming a defendant, suspect, or person under disciplinary investigation regarding a criminal case or disciplinary case shall be punished by imprisonment for up to 10 years.

However, even in cases of intentional perjury, if a confession or voluntary surrender is made before the trial or disciplinary disposition of the relevant case becomes final, the sentence may be reduced or exempted.

For perjury, please consult a criminal specialist attorney about whether to attempt the confession exception or to assert that it was not intentional perjury.

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