A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

[200 Highest 4201] The Defendant was given a summary order of a fine of one million won at the Ulsan District Court on February 3, 2016 due to a violation of road traffic law (driving).

On September 18, 2020, the Defendant driven Esch Rexn Motor Vehicle at approximately 400 meters away from the front side of Ulsan-gu B, Ulsan-gu to the front side of the D church located in the same Gu C, while under the influence of alcohol concentration of about 0.105%, from around 400 meters to the road of the D church located in the same Gu C.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

[200 Highest 4934] The defendant is the victim F and the legal married couple.

On October 24, 2020, the Defendant appeared to have a reasonable attitude even though the victimized person had been out of the zone, but found the Victim’s Republic of Korea, which was parked in the Southern-gu G parking lot, at the port of port around 11:30 on October 24, 2020, and caused the Defendant to 4 times off the decline of the vehicle, which was driven by the driver.

Accordingly, the defendant carried dangerous things and damaged the front of the automobile in the market price which is not owned by the victim.

Summary of Evidence

[200 Highest 4201]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. References to inquiries, such as criminal history, investigation report (report on confirmation of the same type of force), etc.

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to field photographs, etc.), investigation report (Attachment to the register of motor vehicle registration);

1. Article 148-2 (1), Article 44 (1) of the Traffic Act (the point of drinking), Article 369 (1), and Article 366 of the Criminal Act concerning facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment;