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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 20, 2019, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Western branch of the Busan District Court.
1. On August 8, 2019, the Defendant, along with B, found that the door of the Ek5 car owned by the victim D was not corrected at the Busan Northern apartment parking lot on August 22, 2019. On the other hand, the Defendant was willing to operate the said car without the victim’s consent or permission, and the Defendant opened a driver’s seat and examined the inside of the vehicle, and the Defendant attempted to search for the key of the vehicle by opening the between the two parts of the said car and the between the two parts of the vehicle. However, the Defendant did not have any key inside the vehicle, and did not commit an attempted act without having any key inside the vehicle.
Thus, the defendant conspired with B to temporarily use the above vehicle without the victim's consent, but he attempted to do so.
2. On August 8, 2019, the Defendant found, along with B, that the door of the Gpoter car owned by the victim F was not corrected at the Busan Northern apartment parking lot, around August 23, 2019. On the other hand, the Defendant was willing to operate the said truck without the victim’s consent or permission, and the Defendant opened the door of the driver’s seat and returned the vehicle kis which was displayed, and the Defendant carried the said truck and driven the said truck.
Accordingly, the defendant conspired with B to use the above vehicle temporarily without the victim's consent.
3. On August 8, 2019, from around 23:04 to 23:11 on the same day, the Defendant driven a G Poter truck with approximately KRW 500 meters distance from the Busan Northern apartment parking lot to the front of the said C apartment guard room, from around 3:11, the Defendant driven a G Poter truck with blood alcohol concentration of at least 0.122%.
Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.
Summary of Evidence
1. The defendant;