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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
[criminal history] On April 16, 2014, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court on July 6, 2009 due to a crime of violating the Road Traffic Act (drinking driving), as well as a crime of violating the Road Traffic Act (drinking driving).
[2] On August 16, 2018, the Defendant driven a F-Adi vehicle under the influence of alcohol 0.161% from a section of about 300 meters of alcohol level to the E convenience store located in Chungcheongnam-si, Chungcheongnam-si, from the front day of the “Criju” store located in Chungcheong City B, to the front day of the E convenience store located in Chungcheong City.
[170 l.0 x 0.045 x 0.7894 x 0.7 ( alcohol absorption rate) / [57kg (the body of the defendant) x 0.64 (the above dmark number) x 10] 4.23/364.8 = 0.11% [4.23/364] of the defendant's alcohol level at a convenience store after the driving of the vehicle] = 0.01% of the 0.01% [1 can can can can can can can can can can can can can can can cans and cans are 1,77% of alcohol level at the time of the operation, and the prosecutor additionally calculated alcohol concentration at 0.11% of the blood alcohol level at the time of the operation of the vehicle by the defendant pursuant to the above Dmark formula as follows:
However, in general, the above drone number of women is known to have been distributed from 0.47 to 0.64. In this case, there is no ground to apply any other figures in this case, and thus, if the defendant applies 0.47 most favorable to the defendant (see Supreme Court Decision 2008Do5531, Aug. 21, 2008) in addition, the defendant's blood alcohol concentration in the blood increased by the beer by 0.016% (the decimal point below the four decimal point), and the defendant's blood alcohol concentration in the blood alcohol level at the time of driving is 0.161% (0.177 -0.016).
However, even if the alcohol concentration in the blood is recognized differently, there is no disadvantage to the defendant and the penal provision are the same. Therefore, it is ex officio without changing the indictment.