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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around 05:00 on April 5, 2019, the Defendant violated the Road Traffic Act: (a) due to occupational negligence that neglected the duty of 0.235% of blood alcohol level while driving a cPoter 2 freezing truck, which was stolen on a narrow road located in Nam-gu Incheon Metropolitan City, by neglecting the duty of 0.235% under the influence of alcohol level; (b) due to the shock of the part of the victim D management Epos car where the road was parked on the road, the amount of 90,000 won is damaged; (c) due to the shock of the part of the passenger car owned by the victim FF, the amount of 6,276,228 won is destroyed to be damaged; (c) due to the shock of the parts of the Ipos 2 cargo owned by the victim H, 214,958 won is destroyed to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be damaged to be repaired to be 27375).
2. The Defendant, in violation of the Road Traffic Act, driven along a narrow road around a place specified in paragraph (1) and driven a freezing tower, which was stolen while under the influence of alcohol by about 0.235%, in a section of about 400 meters, of blood alcohol concentration.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the N in the police station;
1. Each police statement of theO, J, P, and Q;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Written estimate;
1. Application of Acts and subordinate statutes to a report on investigation (not submitting a written estimate for one vehicle damaged);
1. Relevant legal provisions and the violation of the Road Traffic Act concerning the crime: Violation of Article 151 of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; hereinafter the same shall apply) (Appointment of imprisonment without prison labor for a violation of Article 151): Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;