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

On the ground that the Defendant was unable to attend the funeral ceremony of the deceased father-child, the Defendant had a mind to intrude into the E-Ba C Dong 301, the house of the victim in Gangwon-gun D on the ground that the father and wife of the victim C did not attend the funeral ceremony.

1. On February 26, 2016, the Defendant driven a car in body under the influence of alcohol content of 0.231% at a distance of about 10km from the front day of the Defendant’s house located in Hanyang-gun F in the same Donyangyang-gun to the E-dong parking lot located in the same Donyang-gun.

2. The Defendant, who attempted to have a special residential intrusion, committed an attempted crime by opening a door several times and opening a door to the victim’s residence, when the Defendant came into the E-Ba, which is a dangerous object located in the troke line between the two vehicles of the Defendant, at the time of the day specified in the preceding paragraph E-Ba, which is located in C, both Gangwon-do, and Yangyang-gun, and the Defendant attempted to intrude upon the victim’s residence. However, the Defendant failed to commit an attempted crime by opening the door on the wind, which is the victim’s house.

Thus, the defendant carried dangerous things and tried to intrude upon the victim's residence, but did not commit the attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Reports on internal investigation, files of photographs, and photographs thereof;

1. Application of Acts and subordinate statutes to inquire about a written statement of a driver under driving alcohol and the results of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act and Articles 322, 320, and 319 (1) of the Criminal Act (the attempted special intrusion on residence) concerning the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the driving of drinking alcohol and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized the instant crime and reflects his or her mistake; and (b) the Defendant, a family member, and the victim.