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The judgment of the court below is reversed.
Defendant
D shall be punished by fine of 2,000,000 won.
Defendant
D does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. The court below found the Defendants guilty of the facts charged in this case, which erred in the misapprehension of legal principles, although the false statement by the Defendants did not reach the extent that the investigative agency would significantly make it difficult or impossible to detect the Defendants or arrest them.
B. The lower court’s sentencing against the illegal Defendants is too unreasonable.
2. Determination A) Summary of the facts charged in the instant case 1) Defendant C 1 was omitted in the indictment around January 6, 2016, while he was receiving treatment from a patient room among the South University Hospital in Gwangju-gu, Gwangju-gu, with the injury of 16 weeks of care due to drinking accidents caused by I while driving a JM5 car operated by JM5 car on January 3, 2016 by JM-gu I around 05:10, Defendant C, based on the evidence, can be acknowledged based on the evidence.
At the time of the accident, I would like to be punished for drinking driving by a driver who was the driver at the time of the accident, who is a slope belonging to K of the Dong Police Station in Gwangju Dong-gu, the accident occurred while I's father A was driving the vehicle.
A false statement, around May 17, 2016, at the police station of the Gwangju East-gu Seoul East-gu Seoul East-gu, written a statement to the above purport and made the statement to the effect as above, and around June 20, 2016, at the police station of the foregoing Gwangju East-gu, the statement was made to the effect as above.
As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.
2) On January 6, 2016, the Defendant: (a) knew that there was an injury of 16 weeks of care due to drinking accidents caused by I, as seen in the foregoing paragraph (1) at the Seoul National University Hospital Central Hospital in Gwangju-gu, Gwangju-gu, the Defendant: (b) was aware of the occurrence of the injury of 16 weeks of care due to drinking accidents caused by I; and (c) asked the Plaintiff who was the driver at the time of the accident, “I’s father A was driving a vehicle.”