A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 11, 2008, the Defendant issued a summary order of KRW 1 million on October 25, 2013 to a fine of KRW 3 million for the same crime in the same court as the same crime, respectively.

【Criminal Facts】

On March 14, 2020, at around 23:10, the Defendant driven a DNA car with a blood alcohol content of about 0.116% while under the influence of alcohol from about 50 meters to the front parking lot of the above apartment C-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Around 02:00 on March 15, 2020, the Defendant destroyed FK 7’s Bolls, 1,804,921, which are owned by the victim, who was parked in the said parking lot to the extent of KRW 2,804,921, while under the influence of alcohol, while the victim E (39 years of age) was aware of complaints about the 112 reported by the Defendant due to drinking driving, and damaged FK 7’s Bolls, 1,804,921, which are owned by the victim.

Summary of Evidence

"200 Highest 699"

1. Statutory statements or CCTV images of the defendant and the closure thereof;

1. Notification of the control of drinking driving;

1. Criminal records, etc. inquiry reports (A), investigation reports (verification of criminal records of the same kind as a suspect), 2020 order862;

1. Defendant's legal statement;

1. Police statements of E;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

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 366 of the Criminal Act (a point of causing damage to property), and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the victim's vehicle was damaged as a retaliation against the order to provide community service and attend lectures, the drinking alcohol of this case, the criminal records of the defendant's repeated drinking driving, and the defendant damaged the victim's vehicle.