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

1. On November 1, 2019, the Defendant causing special damage: (a) around 22:40, in front of “C” near the Namdong-gu Incheon Metropolitan City, a de facto marital relationship with the Defendant, and (b) caused approximately 20 cm in diameter, which is a dangerous object, by putting about 20 cm in front of the FK5 vehicles owned by D, which are owned by the Victim E Co., Ltd., and then damaged one car glass at the market price of KRW 424,720.

2. On October 21, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine of KRW 1.5 million by committing a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court, on January 13, 2010, the Incheon District Court issued a summary order of KRW 2.5 million by committing a violation of the Road Traffic Act, respectively. On June 29, 2012, the Defendant was sentenced to a fine of KRW 7 million by the Incheon District Court due to a violation of the Road Traffic Act.

around 22:40 on November 1, 2019, the Defendant driven a H G80 vehicle while under the influence of alcohol content of about 0.143% at the 1km section from the front of the above “C” to the front of the Nam-gu Incheon Metropolitan City G road.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle again in a drunken state in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (like criminal records and drunk driving);

1. Relevant legal provisions concerning criminal facts, Article 369 (1) of the Criminal Act of the choice of punishment (the point of special destruction and damage), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving) [the choice of imprisonment in consideration of the fact that the criminal defendant has been sentenced three times to a fine due to a drunk driving, and that there are records of past conviction of a fine and of past records of suspended execution,

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 of the Criminal Act for discretionary mitigation.