Defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

[2018 Godan1212] (criminal power) On May 8, 2014, the Defendant was sentenced to a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on May 8, 2014. On November 5, 2015, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc.

(Criminal) Although the Defendant had been subject to punishment twice or more due to drunk driving, the Defendant driven a ewing truck with approximately 12 km from the front of Kimcheon-si, Kimcheon-si to the front of D located in the same city C on November 9, 2018, while under the influence of alcohol of about 0.132% from the section of about 12 km to the front of D in the same city.

[2019 Height63] Any person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a regional forest office.

Nevertheless, on April 2018, the Defendant cut down approximately 765glus (area 12,240 square meters, 224.9 square meters on registered 224.9 square meters) by using mechanical saws without obtaining permission from Kimcheon-si F, G, H, I, and J for the purpose of creating a clan cemetery.

Summary of Evidence

[2018 Highest 1212]

1. Defendant's legal statement;

1. Making a report on the state of driving under the influence of alcohol and making a report on the control of drinking under the influence of alcohol;

1. Previous convictions in judgment: Criminal history records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigate crimes (inwards, on-site inspections, calculation of the amount of damage, statement of a victim), location map and photograph, location map of damaged area, damaged area map, damaged area map, on-site photographs of damaged areas, and calculation of registered records and amount of damage by chest diameters;

1. Relevant Article on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); and the Creation and Management of Forest Resources Act.