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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
On August 20, 2010, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on August 31, 201, from the Busan District Court to the Dong branch, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act was issued.
1. Around 00:30 on August 26, 2015, the Defendant driven B K7 car under the influence of alcohol at a section of about 1km from around 00:55 on the same day from the underground parking lot near the waterside park in Suwon-dong, Busan, to the waterside intersection located in the west-dong, Busan, Daegu, for about 0:15 on the same day.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
2. On August 26, 2015, the Defendant: (a) around 00:55, the Defendant: (b) driven a BK7 vehicle in front of the Suwon-gu, Busan, Busan, under the influence of alcohol and was discovered to be a drunk driver; (c) made the statement that C driven the said vehicle; (d) made it possible for C to make a false confession.
Therefore, C made a false statement to D, in the above date, at the place, that he had driven the car.
As a result, the defendant instigated C to escape a person who commits a crime corresponding to a fine or heavier punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol concerning C;
1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;
1. Relevant Article of the Act on Criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 151 (1) and 31 of the Criminal Act (the point of aid for delivery of a criminal, and the choice of imprisonment);
1. Aggravation for concurrent crimes;