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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 30, 2006, the Defendant was sentenced to a fine of KRW 2,000,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license) and a fine of KRW 3,00,000 for a violation of the Road Traffic Act (driving without a license) at the Daegu District Court on the support of Kimcheon on May 10, 2010, respectively.
On May 6, 2014, at around 11:00, the Defendant driven an E-high-speed car with approximately five meters alcohol concentration 0.138% under the influence of alcohol without obtaining a driving license from the front of the C cafeteria located in Gumi-si B to the front of D Domi-si located in Gumi-si B.
2. The Defendant caused a traffic accident while driving a motor vehicle in a drunken state without obtaining the said driver’s license at the same time and place as indicated in paragraph (1) above.
The Defendant asked F, who was at the same workplace as the Defendant, to “I would not be able to get a driver to drive for Nea,” and the F, upon being aware of the fact that the Defendant committed the above crime, the Defendant made a false statement to the police officer in charge of the investigation of the instant case in the former U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S.S. S
As a result, the Defendant instigated F to escape himself who committed a crime corresponding to a fine or heavier punishment.
Summary of Evidence
1. Each legal statement of the defendant and F;
1. G statements;
1. Application of Acts and subordinate statutes, such as traffic accident occurrence reports, reports on detection of drivers, reports on actual state of drivers, investigation reports, register of driver's licenses, criminal history records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).