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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 14:00 on July 13, 2014, the Defendant driven a BM520 vehicle under the influence of alcohol level of 0.078% from a section of about 70 meters of alcohol level from the road front of the 194 Manman-ro, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the new forest, the same Gu road from before the 194 Manman-ro to the front of 208.
2. On July 13, 2014, around 14:20, the Defendant, while driving a bicycle while under the influence of alcohol on the road prior to the 196th of Gwanak-gu, Seoul Special Metropolitan City, issued a false statement to the police officer in charge as if he driven the said vehicle, by having contact the remaining pro-Japanese D with the police officer in charge, who requested him to make a false statement as if he driven the said vehicle. D to arrive at the scene of the accident, who was a police officer in charge, made a false statement as if he driven the said vehicle.
Accordingly, the defendant instigated the escape of a person who committed a crime corresponding to a fine or heavier punishment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against the defendant or D;
1. Statement of the police statement regarding C;
1. Written statements of D;
1. A traffic accident report;
1. Control note;
1. A report on detection of a host driver;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act that selects the punishment (the main driving and the choice of imprisonment), Articles 151 (1) and 31 (1) of the Criminal Act (the occupation of the person who is charged with extradition and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the penology and the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment);
1. Social service order under Article 62-2 of the Criminal Act;