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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On September 29, 2019, at around 07:41, the Defendant: (a) avoided tobacco in an outdoor smoking area in C cafeteria located in C cafeteria B; (b) discovered one mobile phone unit in Samsung Ggal ju City S10 mobile phones; (c) separated the case; and (d) stored the case in the Defendant’s flag.
Accordingly, the defendant stolen the above mobile phone amounting to KRW 1.2 million at the market price owned by the victim.
2. Around 07:45 on September 29, 2019, the Defendant driven a HST5 vehicle while under the influence of alcohol of at least 0.03% of alcohol content from the front road located in E at a leisure time to the front road of G in about 1.5km.
Summary of Evidence
1. The defendant's partial statement (the defendant asserts that the blood alcohol level at the time of driving is not not less than 0.03%, and denies the crime of drinking. However, according to CCTV storage CD (No. 9), etc., the defendant was taking meals from around 05:50 on September 29, 2019 to around 07:30, and almost 1 disease of the mixed person while drinking for about 1 disease of the congested person (the defendant was divated by mixing 1 disease of small-scale and 1 disease of small-scale, so that 80000 marn with the sofarc after drinking 90 mar with the sofarc of small-scale one disease of small-scale after drinking.
2) In full view of the fact that the Defendant’s blood alcohol level according to the Bamark formula, which applied the most favorable figure to the Defendant based on the Mab alcohol level at the time and the Defendant’s body weight (82kg), exceeds 0.113%, it can be sufficiently recognized that the Defendant driven a vehicle under the influence of alcohol level exceeding 0.03% of blood alcohol level.
1. Written statements prepared in D;
1. A report on detection of a host driver;
1. On-site reports (to attachCCTV images and photographs, etc.);
1. Investigation report (specific suspect);
1. On-site examination photographs (Nos. 4, 8, 16);
1. CCTV storage CD (No. 9 No.);
1. Application of the receipt (No. 3) statute
1. Relevant Article 329 of the Criminal Act and Article 329 of the Road Traffic Act concerning criminal facts, the choice of punishment, etc.