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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 20, 2020, the Defendant has received a summary order of a fine of three million won or more as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on February 20, 2020.
On February 27, 2020, at around 00:42, the Defendant driven a poster car with approximately 5 meters distance from the pay parking lot in the south-gu Seoul Metropolitan Government to the front road of the same building without a driver's license, while under the influence of alcohol by 0.131% of blood alcohol level.
2. The Defendant causing special property damage: (a) opened a parking lot blockingr to leave the parking lot at the time and place specified in paragraph (1) above; and (b) the victim D, a manager of the building, opened a door at night; (c) opened a door at night; and (d) operated a Belgium car, which is a dangerous object to the chemical, thereby causing damage to the repair cost of KRW 4,638,735.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. On-site photographs;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Written estimate;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of criminal records before sound driving) Acts and subordinate statutes;
1. Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 369 (1) or Article 366 of the Criminal Act concerning the facts constituting the crime;
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect all of the defendant's errors, to agree with the victim, and to treat mental illness, such as depression.