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.

Punishment of the crime

[Criminal Power] On October 12, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on October 12, 2012.

【Criminal Facts】

Although the Defendant was sentenced to punishment for drunk driving as above, the Defendant driven D 7 vehicles under the influence of alcohol 0.036% in the section of approximately 50 meters of alcohol level from the front of Heung-si B to the front of C in the same city from July 9, 2020, around 01:15.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the results of the crackdown on drinking driving, and the output thereof;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, repeated statements, and outputs of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act

1. The measurement of the Defendant’s blood alcohol level was conducted within 90 minutes from the Defendant’s final drinking. Since the above measurement timing is when the Defendant’s blood alcohol level increases, it cannot be deemed that the blood alcohol level was 0.03% or more at the time of the Defendant’s driving.

2. Determination

A. Even if the distance between the time of driving and the time of measuring the blood alcohol concentration and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment threshold.

In such cases, whether or not it can be seen that the level of punishment was above the level of punishment at the time of driving or not, the distance between the time between the driving and the measurement, the difference between the measured level of blood alcohol concentration and the standard value of punishment, and the hours during which drinking continues and the amount of drinking, crackdown and measurement.