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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.
Reasons
Punishment of the crime
1. On February 28, 2013, at around 07:25, the Defendant driven a mae-car under the influence of alcohol with a blood alcohol content of 0.120% from a section of approximately 350 meters from the front side of the Gao-Gun cafeteria, Daegu-gu Seoul-gu, to the front side of the said Doo-gu Doo-dong.
2. On March 2, 2013, the Defendant: (a) around 19:00 on March 2, 2013, the offender attempted to conceal the fact that the Defendant driven under the influence of alcohol at the D cafeteria located in Seogu Daegu-gu, Daegu-gu, Daegu-gu; (b) stated that he was harming the Defendant’s vehicle by proxy; and (c) stated that E had the Defendant make such statements.
Therefore, on March 10, 2013, the Defendant had E make a false statement to the effect that the Defendant had a slopeF who is investigating the above case to drive a motor vehicle on behalf of the Defendant while knowing that the Defendant had driven a motor vehicle, and that the Defendant had not driven a motor vehicle.
As a result, the defendant instigated the above E to escape a person who commits a crime corresponding to a fine or heavier punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the interrogation of suspects of E by the prosecution;
1. Statement of the police statement of E;
1. A report on detection of a host driver;
1. Each photograph;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Suspect telephone details);
1. Relevant Article of the Criminal Act, Articles 151(1) and 31(1) (a) of the Criminal Act that provides for the choice of punishment for the crime, Articles 148-2(2)2 and 44(1) (a) of the Road Traffic Act, the choice of imprisonment 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 (including the fact that the defendant is against his/her will) ;
1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;