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A defendant shall be punished by imprisonment for one year.
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. Around 02:00 on January 3, 2020, the Defendant: (a) collected golf bonds (86 cm) from the roads in front of the Suwon-si apartment complex B, Suwon-si, Suwon-si; (b) collected golf bonds (a dangerous object) from the roads; (c) destroyed the damage of property equivalent to KRW 2,337,364, and damaged the victim’s F-owned golf (94 cm) with golf products (a dangerous object), and damaged the property of KRW 4,132,016.
2. Around 02:10 on January 3, 2020, the Defendant driven an I SP car while under the influence of alcohol leveling 0.127% of the blood alcohol level at the H in front of the road located in Suwon-gu, Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D and F;
1. The circumstantial statement of the employee;
1. The police seizure record and the list of seizure;
1. The amount of blood alcohol concentration;
1. On the spot, photographs of damage, and photographs;
1. Application of each written estimate for damage;
1. Relevant Article of the Criminal Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Articles 369 (1) and 366 of the Criminal Act, the choice of imprisonment for a crime, the choice of a sentence, and the choice of a sentence;
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;
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;
1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, each of the crimes of this case constitutes a situation unfavorable to the defendant, where the defendant drives a motor vehicle while under the influence of alcohol and damages a motor vehicle parked with golf bonds without any special reason, and the nature of the crime is not good. The defendant’s blood alcohol concentration is relatively high, and the crime of destroying and damaging special property was dangerous, and the defendant has a record of being punished for driving under the influence of alcohol.
However, on the other hand, the defendant committed each of the crimes in this case.