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] The Defendant was issued a summary order of KRW 3 million on September 3, 2010, and a fine of KRW 2.5 million on March 23, 2012, with a suspended sentence of two years on October 19, 2012, by imprisonment with labor on August 8, 2012.

[Criminal facts] On December 6, 2017, the Defendant driven a e-learning car under the influence of alcohol for about 0.05% or more of alcohol during blood in the 20-meter section from the front of B to the front of D Park, which is located in C, around 16:20 on December 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Report on internal investigation (measurement, etc. of suspected victims' drinking);

1. Previous conviction in the judgment: A written reply to inquiry, such as criminal history, investigation report (verification of that end force), [In the circumstances where it is impossible to determine whether the point of driving alcohol is the point of increase or lower time in blood alcohol concentration while driving alcohol, the degree of alcohol concentration in blood measured at the point of time after the driving was completed and the level of punishment has exceeded a small amount of punishment;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed due to the increase in the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such cases, driving.