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Defendant
A shall be punished by imprisonment with prison labor for a maximum of eight months, for a short of six months, and for four months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A
A. On April 6, 2016, at around 14:05, Defendant A operated D's car without a driver's license, and proceeds from a road in front of the F's restaurant in Seojin-gu, Seojin-gu, Seoul, to a gas station located in the front city, from the apartment room in the front city, the place is without a central line. Since vehicles are parked on both sides, Defendant A has a duty of care to prevent accidents in advance by thoroughly operating the front city and accurately operating the steering and brakes.
Nevertheless, Defendant A, without a driver’s license, failed to properly operate the steering system while driving a motor vehicle without a driver’s license, caused the part of the driver’s seat of the Hco-Ban vehicle that was parked by the victim G on the right side of the driving direction, and damaged the above copon-Ban vehicle so that KRW 732,521 of the repair cost is 732,521.
B. At around 14:10 on April 6, 2016, Defendant A asked Defendant B to make a statement that he/she was causing a traffic accident while driving a low-income vehicle without a license, and asked Defendant B to make a false statement to the effect that he/she caused a traffic accident in order to conceal the fact that he/she caused an accident as referred to in paragraph (1) while driving the low-income vehicle without a license, Defendant A instigated Defendant B to drive the said low-income vehicle and return it to the place of the accident as referred to in paragraph (1) at around 14:15, and instigated Defendant B to commit a crime by making a false statement that he/she had caused the traffic accident while driving the said low-income vehicle.
2. Defendant B, at the same date, at the same place, as set forth in the above 1-b, and at the same place, Defendant B, even though the Defendant did not cause any traffic accident while driving the franchise, Defendant B received a report in order to conceal the fact of driving without a license from Defendant A as set forth in the above 1-B and called out.