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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 17, 2017, the Defendant was under the influence of alcohol leveling 0.202% of alcohol level in a section of about 500 meters, without a motor device bicycle license, from around 14:00 to around 14:00 to around 200, the Defendant driven a non-registered stove with a stove in the state of under the influence of alcohol leveling 0.202% of alcohol level from around 500 meters from his house in front of the south-west Sea Zone B.
2. The Defendant destroyed property by driving a 14:10 on the same day, following the Defendant’s 14:20 meters away from the instant dry field, and then following the Defendant’s abandonment of KRW 500,000 at the market price of the victim D, which was located there.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Statement of the circumstances of driving under the influence of alcohol, notification of the results of regulating driving under the influence of alcohol, details of inquiries about management of reports on detection of alcohol, ledger of driver's licenses of suspects, etc. and records of
1. Application of Acts and subordinate statutes to field photographs and stophographic photographs;
1. Article 148-2 (2) 1 of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving a bicycle without a driver's license) and Article 366 of the Criminal Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture does not have the power to punish the defendant several times for the same crime and again commits the crime of this case, the defendant must be punished strictly, but the fact that the defendant reflects his mistake, the damage of property does not want the punishment against the defendant, and the same crime is the same.