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Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A and Defendant B are working for the same type of business and people in the post-ship relationship.
1. Defendant A
A. On August 5, 2014, at around 01:16, the Defendant driven C rocketing vehicles under the influence of alcohol concentration of about 3.3 km from the ground parking lot located in the Do-dong, Busan Metropolitan Transportation Daegu to the front road of the SK Oil station located in the same 1118-10.
B. Around August 5, 2014, the Defendant: (a) called “B, who was on the duty of drinking alcohol and was involved in an accident while driving under the influence of alcohol; and (b) asked B to the effect that “B, who was on the duty of driving under the influence of alcohol on two occasions; (c) made a statement to the same purport; and (d) instigated B B to conceal the Defendant who committed a crime corresponding to a fine or heavier punishment.”
2. On August 7, 2014 and September 23, 2014, around 13:12 and September 23, 2014, Defendant B concealed an offender by making it difficult to identify A as a drunk driver on the ground that: (a) he/she was aware of a crime subject to a fine or heavier punishment on the part of the Busan Shipping Police Station and the office of the Transport Investigation Team, located in the Busan Shipping Daegu Metropolitan City, for the purpose of having Defendant B not be punished despite having been aware of a crime subject to a fine or heavier punishment by the above A, in the office of the Busan Shipping Station and the Transport Investigation Team; and (b) he/she stated that he/she was driving.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes notifying the result of crackdown on drinking driving;
1. Relevant legal provisions concerning criminal facts and defendant A who has selected a punishment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act (the point of a criminal concealment teacher), and Article 151 (1) of the Criminal Act (the selection of a fine) of the Criminal Act;
1. Defendant A from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;