Acquittal of the accused shall be acquitted.

1. On October 22, 2013, the Defendant: (a) driven a vehicle of Category C in the state of alcohol with a blood alcohol concentration of 0.137% at around 00:30 on October 22, 2013; and (b) driven a vehicle of approximately two kilometers from Osan-si to the front road of the original Korean Peninsula of the same city from Osan-dong to the same city.

2. According to the records of this case, on November 25, 2013, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Eunpyeong-dong site of Suwon District Court on November 25, 2013, and the order was finalized around that time. The facts constituting the crime are as follows: “The Defendant driven a vehicle of approximately 20 kilometers in the section of approximately 20 kilometers from the Heak-dong at the time of Haak-dong to the 7% range from the Jak-dong at the time of Hasung-dong to the 30 kilometers-dong located at the time of Osung-dong.”

When continuing to operate a vehicle for the same period under the single and continuous criminal intent and the legal interest of the damage is the same, each of the acts shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decisions 2005Do4051, Sept. 30, 2005; 2006Do1252, May 11, 2006). Considering the legal interest protected by the Road Traffic Act and the method of punishment for the crime of violating the Road Traffic Act due to the drunk driving, if the Defendant continued to drive the same vehicle for the same period under the same alcohol concentration of 0.05% or more of alcohol, and has been measured one time, such an act of drunk driving shall be deemed to constitute a single comprehensive crime, since it constitutes a continuous act corresponding to the name of the same crime, continuously engaging in the same period under the single and continuous criminal intent, and the legal interest of the damage is the same.

In light of the facts and legal principles seen earlier, the facts charged in this case and the facts constituting the crime of the above summary order constitute a case where a person continuously drives the same vehicle under the single and continuous criminal intent, and thus, each of the above crimes constitutes a single comprehensive crime.