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[Defendant A] Defendant A shall be punished by imprisonment with prison labor for a year and six months.
[Defendant B] Defendant B shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On November 26, 2015, Defendant A was sentenced to a summary order of KRW 1.5 million at the Gwangju District Court on the grounds of the violation of the Road Traffic Act, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the term of imprisonment for 8 months, the term of suspension of execution for 2 years. On November 23, 2012, the Gwangju District Court issued a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) and on October 2, 2007, the summary order of KRW 1.5 million was respectively issued.
【Criminal Facts】
1. Defendant A
A. On April 8, 2019, Defendant A driving a Karen vehicle under the influence of alcohol without obtaining a driver’s license from around 9km in the section near the Gwangju Mine-gu, to around 4:58 on April 8, 2019, under the influence of alcohol by 0.161% in blood alcohol concentration without obtaining a driver’s license.
B. When Defendant A was subject to the police investigation on the charge of the above No. 1-A, Defendant A asked B to drive the case on his behalf and Defendant A attempted to manipulate the case as if it were locked within the vehicle at which he arrived.
Accordingly, Defendant A from April 8, 2019 to that of Defendant A
4. Around September 1, 200, at the office operated by the above B, located in the Seo-gu, Gwangju, Gwangju, the police station asked B to make a false statement to the above purport and caused B to make a false statement.
Therefore, around May 2, 2019, B made a false statement that he/she was driving the Defendant’s vehicle on his/her behalf at the G department office of the Seo-gu Seoul Western Police Station G department located in the Seo-gu Standing Park.
As such, Defendant A instigated B to escape a person who committed a crime corresponding to a fine or heavier punishment.
2. Defendant B, as referred to in paragraph (1)(b) above, had not been represented by the vehicle of A at the request of Defendant B, but had not been represented by the vehicle of Defendant B at the time of investigation into the police station.
Accordingly, it.