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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
1. Around November 17, 201, the Defendant was under the influence of 01:38% of blood alcohol concentration of 0.102% on the part of November 17, 201, the Defendant driven approximately 1 km of B Poter freight vehicle from the Puaabin front of the Puabro in Busan Metropolitan City, Seosan to the front of the Tri apartment located in the same Ri.
2. The Defendant was under the influence of alcohol as set forth in the above paragraph (1) resulting in a situation in which C, etc. traveling along the way while driving the said boom vehicle, and the police officers called up to the brupted place.
In order to conceal the fact of drunk driving, the Defendant made a statement to D, a workplace partner boarding the head of the above cargo vehicle, claiming D to drive the vehicle on behalf of the Defendant, and made D to make a false confession.
At around 03:20 on November 17, 201, the Defendant instigated D to commit a crime by having D, upon receiving a report at the front parking lot of the above Samho apartment, the police officers belonging to the E District, stating that “in-house had driven a cargo vehicle.”
Summary of Evidence
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on circumstantial statements of drivers;
1. Relevant legal provisions concerning criminal facts, Subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Articles 151(1) and 31(1) of the Criminal Act (the occupation of a person who is charged with delivery), and the choice of imprisonment, respectively.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;