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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 4, 2016, the Defendant: (a) driven a eball-type car under the influence of alcohol content of 0.210% from the area south of the D parking lot located in Guri-si C around 05:07 to the parking lot exit from the area south of the D parking lot located in Guri-si C around 10 meters to the parking lot exit.
2. Property damage Defendant: (a) at D parking lots operated by the victim FFF Co., Ltd. in Si/Gugri-si, Sigri-si, such as the above paragraph (1) of this Article, the Defendant destroyed by plucking up and destroying one end of the parking blocking machine amounting to KRW 470,000, which is the market price owned by the victim, installed in the parking lot exit exit area, on the ground that the victim FF Co., Ltd.’s employees G did not have a vehicle awareness for the settlement of parking charges, and obstructed the passage of the Defendant
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. G statements;
1. Report on the circumstances of driving under the liquor:
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Written estimate;
1. On-site photographs and on-site photographs of police officers dispatched;
1. Report on internal investigation (suspects, black images, and dialogues);
1. Application of Acts and subordinate statutes for investigation reports (to hear statements from witnesses for victims of damage);
1. Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is 0.210% of alcohol concentration during the instant crime, and the Defendant has been punished twice or by drinking even before committing the instant crime.
The reason why the property is damaged is not due to the loss or drinking, but due to the order of the general public in the large parking lot.