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A defendant shall be punished by imprisonment for not less than five months.
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.
Reasons
Punishment of the crime
1. On May 23, 2018, the Defendant was under the influence of alcohol leveling 0.060% from blood alcohol leveling around May 23, 2018, the Defendant driven B rolling stock from around 1.5 km to about 1.5 km-ro 101 in the same straw-ro 101, the same straw-ro 101.
2. On May 23, 2018, the Defendant: (a) was arrested at the Incheon Yeonsu Police Station’s Office of Traffic Safety in the Incheon Police Station as the cause of Incheon City around 23:45 on May 23, 2018; and (b) was transferred to the police as a flagrant offender of paragraph (1) drinking driving; and (c) was killed if the Defendant was not the police.
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The National Police Agency’s Official Personal Information Terminal (PDA) for the purpose of inquiry into the driver’s license of motor vehicles located there is a sound so as to cover the case of the above portable information terminal and the consignee (145cm x 85cm m).
Accordingly, the Defendant damaged the goods used by public offices.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Each photograph;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 141 (1) of the Criminal Act (the point of damage to goods for public use) of the same Act, and the choice of imprisonment for each sentence;
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 suspension of execution ( normal consideration, such as the reflective fact, and the absence of a criminal record of imprisonment without prison labor or heavier punishment);
1. The community service order under Article 62-2 of the Criminal Act;