A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 27, 2015, the Defendant driven a D motor vehicle under the influence of alcohol concentration of 0.093% in blood, from the Gyeyang-dong C cafeteria in Yangsan-si to the front of the Chang-dong cafeteria in Yangsan-si.

Summary of Evidence

1. Each legal statement of witness E and F;

1. An explanatory note;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 and Article 44 (1) 3 and Article 44-2 (1) of the Act on the Punishment of Criminal Crimes as well as the selective road transportation business;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Regarding the issue of Article 62-2 of the Social Service Order Criminal Act, the Defendant denied the driving of the instant vehicle D from the control point of view, and G, the owner of the instant vehicle, was found in the police station after the control, and he/she was driving.

However, considering the following, the defendant's driving of drinking is inevitable.

① The instant motor vehicle stopped without any justifiable reason in front of 20 to 30 meters from the point where the driving of the motor vehicle is controlled by drinking, and the Defendant was lowered from the chief of the police station.

From the end of the instant vehicle and the lower end of the Defendant’s vehicle, there is a distance from ordinary automobiles, and the Defendant seems to have been aware of the fact of regulating drinking driving.

② From the moment when the instant motor vehicle stops, the police officer was immediately approaching the trend of the motor vehicle, i.e., the person on board the instant motor vehicle other than the defendant in the process.

The reason why enforcement officers do not open the door of driving is that they do not do so because they are too natural for the reason that they are not neglected to perform their duties or excessive driving capacity, and they do not do so because they are too natural.

Rather, the controlling police officer seems to have shown the movement, etc. inside the motor vehicle, such as driver's seat, in preparation for the driver's change.

3. G is the instant vehicle.