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.

Punishment of the crime

On December 11, 2015, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court's Msan Branch on December 11, 2015.

1. Around 04:02 on November 1, 2019, the Defendant driving a f1 ton cargo vehicle under the influence of alcohol content of 0.173% at a section of about 17 meters from the upper point of the trade name “E” located in D on the roads adjacent to Changwon-si C, Changwon-si B. In addition, the Defendant driven a f1 ton truck under the influence of alcohol content of 0.173%.

2. On November 1, 2019, around 06:35, the Defendant damaged public goods, at the office of the Transport Investigation Team of the Mapo-gu Police Station in the Changsi-si, Changwon-si. For the same reason as described in the foregoing paragraph (1), the Defendant was arrested as a flagrant offender and demanded to comply with a drinking test, and then damaged the Defendant’s sound so as to make the Defendant 60,000 won of the market price available for drinking.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. The circumstantial statement of the employee;

1. Sponsorics of the suspect glass damage, dynamic images, and the weather condition photograph of the skin vehicle;

1. Investigation report (with respect to the analysis, etc. of camboxes and video images);

1. Scenesic photographs, such as CCTVs;

1. Written estimate;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind of suspect)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), Article 141 (1) of the Criminal Act (a point of damage to public goods), and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for the crime of damaging Articles for Public Use with heavier punishment, but the lowest sentence shall be applicable to the punishment determined for the crime of violating the Road Traffic Act];

1. The conditions of suspended execution are favorable among the reasons for sentencing under Article 62(1) of the Criminal Act.