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.

Punishment of the crime

1. Around 05:10 on September 6, 2018, the Defendant driven a Fbenz car under the influence of alcohol content of about 1.05 km from the road front of the “C” trade name “C” located in Pyeongtaek-si B to the Estro in D at the same time.

2. At around 16:40 on September 6, 2018, the Defendant: (a) informed of the Defendant’s front home located in Pyeongtaek-si G of the fact that the investigation is being carried out for a violation of the Road Traffic Act (driving) at the Pyeongtaek Police Station; and (b) informed him of the fact that he was being carried out for a violation of the Road Traffic Act with respect to him; and (c) in order to eliminate unfavorable evidence, H cannot be subject to insurance management; (d) “I who is punished for a drunk driving in the inside and outside of the country, would not be able to remove CCTV images taken from the front home.”

In the end, H, at around 17:50 on the same day, deleted CCTV images taken by the Defendant from the main point of “C” in the same city of “C” through the staff J at the seat of the Defendant.

Accordingly, the defendant instigated the above H to destroy evidence related to another person's criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Statement of the police statement to J;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes on internal investigation report (the calculation of suspect A's blood alcohol concentration No. Ba mark formula);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 155 (1) and 31 (1) of the Criminal Act that choose the penalty for a crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. To conceal the fact of driving with the reason of sentencing under Article 62-2 of the Criminal Act.