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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.
Reasons
Punishment of the crime
[Criminal Power] On July 7, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court.
【Criminal Facts】
On December 2, 2019, the Defendant, while under the influence of alcohol of 0.046% of blood alcohol concentration on December 2, 2019, driven a FLstren vehicle at approximately 2 km from the roads in the Daejeon Dong-gu, Daejeon to the roads in the D Apartment E-dong, Daejeon.
As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.
[Defendant asserts that the distance from his driving is about 700 meters. However, the Defendant asserted that the distance from his driving is about 300 meters. ① The “road transit route” (Evidence No. 36 pages) submitted by the Defendant was changed from the place of departure to the restaurant or the place of destination. Since G apartment, not the D apartment, which is the place of drinking measurement, is written into the place of departure, it is difficult to view the Defendant as the actual route of drinking driving. As the vehicle passes along the right side, it is difficult to actually drive the vehicle. ② The Defendant was arrested before the Iel in Daejeon-gu, Daejeon, and was arrested before the D apartment E-Dong, which is indicated in the facts charged. The Defendant was found to have not accepted the Defendant’s argument that the drinking control was in front of his driving in front of his vehicle, and the Defendant was in front of his driving in the D apartment E-dong in front of his driving. Accordingly, it is not recognized that the Defendant’s assertion that drinking control was in front of his driving in front of his vehicle.
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Case inquiry report, enforcement photographs, circumstantial statement report on the home-employed driver, and home-employed driver;