The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 2,000,000 won.

Defendant .

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor, misunderstanding of facts and misunderstanding of legal principles (defendant B), Defendant B made a false statement to the effect that “Defendant B was driven while he was aware of the fact that he was driven under influence of alcohol and was not driven under the influence of alcohol,” and conducted a drinking test, thereby sufficiently recognizing the fact that the drinking test for Defendant A, a real driver, was delayed for about 50 minutes.

Thus, Defendant B’s act should be deemed to have reached the degree of difficulty or impossibility of finding or arresting a criminal.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misapprehension of legal principles as to the establishment of a crime of aiding and abetting criminals.

B. The lower court’s sentence against Defendant A (a fine of five million won) is too unhued and unreasonable.

Judgment on mistake and misunderstanding of legal principles

A. On December 20, 2019, at around 23:10 on December 20, 2019, A, the summary of this part of the facts charged, which is between Defendant B and the workplace line, was driven by Franchising on the roads adjacent to the Daegu-gu Diplomatic Association, Daegu-gu, to the roads adjacent to the same Gu E in front of the said Gu, while driving a Franchising car at drinking, the part of the I-owned part behind the right-hand part of the said car that was parked on the right-hand part of the Defendant’s car.

Defendant

B was aware of the fact that A was committing the above crimes on the A's driving car, but around 00:20 on December 21, 2019, the Daegu Dong-dong Police Station, which was called on the roads before the J of Daegu-gu, Daegu-dong Police Station, made a false statement as if the Defendant was a drunk driving.

In the end, the defendant had a person who committed a crime subject to a fine or heavier punishment escape.

B. The crime of attempted criminal under Article 151 of the Criminal Act is an investigation, trial, execution of sentence, etc. of the offender by means other than concealment of the offender.