The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The judgment of the court below is that the crime of this case was committed by the defendant more than aiding and abetting the drunk driving of a vehicle by making a false statement that the defendant driven the vehicle, and thereby allowing the person who committed the crime more than a fine to escape, and the crime of escape of the criminal is a serious criminal act that obstructs the proper criminal justice of the state, and its nature is not somewhat weak.

However, considering the following factors: (a) the Defendant, who has no record of criminal punishment, other than a minor fine, has committed a crime of this case with no history of criminal punishment; (b) was committed against the intent of committing the crime of this case; and (c) the circumstances that may be taken into account as much as possible in the course of committing the crime of this case, the Defendant’s punishment imposed by the lower court is too unreasonable in light of the following factors: (a) the Defendant’s age, occupation, character and conduct, family relationship, motive, means and consequence of the crime of this case, and the circumstances after the crime

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 32 (1) of the Criminal Act, Article 151 (1) of the Criminal Act, the selection of fines for the crime;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for aiding and abetting and mitigation (as to the crime of aiding and abetting sound driving)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;