도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
[criminal history] On June 17, 2013, the Defendant received a summary order of KRW 1 million for a violation of road traffic laws at the Seoul Central District Court on the same day. On August 21, 2014, the Defendant received a summary order of KRW 4 million for the same crime from the same court on the same day. On November 27, 2015, the Defendant was sentenced to a fine of KRW 9 million for a violation of road traffic laws (driving) in the same court.
[2] Although the Defendant violated the Road Traffic Act prohibiting driving of alcohol twice or more, on June 27, 2018, at around 21:37, the Defendant driven a ENA city car with a alcohol content of about 0.094% while under the influence of alcohol without obtaining a driver’s license from around the C store in Seocho-gu Seoul Metropolitan Government to the front road of the same Gu D Building.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. Notification of the results of regulating drinking driving;
1. References to inquiries, such as criminal history, investigation report (Attachment to the written judgment, etc. on the suspect-related case) (Judgment on defense counsel's assertion);
1. 21:37: (a) the time of measuring the alcohol alcohol of this case for the defense counsel’s assertion 21:1 hour and 55 minutes from the last drinking time; (b) the time when the defendant was presumed to have driven 20:1 hour and 27:1 hour and 36 minutes high; and (c) the time when she was presumed to have driven her driving her, which is less than 20:1 hour and 27:1 hour and 1 hour and 36 minutes high; (d) it is difficult to view the Defendant’s measurement of alcohol at the time of drinking as the her drinking alcohol at the time of driving; and (e) there is no evidence to view the Defendant’s measurement of alcohol at the time of driving her drinking,
2. Determination
(a) In a situation where it is impossible to determine whether the alcohol level at the time of driving under the influence of alcohol is the point at which alcohol level has risen during blood, the alcohol concentration among blood measured at the time when the driving was completed at a considerable time has exceeded the punishment threshold;
In practice, it is true.