A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2008, the Defendant had been under the summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul East Eastern District Court on August 22, 2008. However, on October 3, 2019, the Defendant driven a Dben E300 car under the influence of alcohol level of KRW 0.20% at the section of approximately 5.5 km from C, which was around 00:35 on October 3, 2019, under the influence of alcohol level of KRW 0.20%, from around 5.5 meters at the site of the East Sea in the East Sea.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. A report on internal investigation (the current state of the enemy site and the details of collecting blood);

1. A report on detection of a host driver;

1. A response to the request for appraisal, and a written appraisal of blood alcohol;

1. CCTV glars photographs, CCTV images for crime prevention, and CDs;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect), and application of Acts and subordinate statutes of outputs of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. On the Defendant’s assertion of Article 62-2(1) of the Criminal Act, the Defendant asserts that since the collection of blood by force is unlawful without the Defendant’s consent, documents stating the result of blood alcohol concentration appraisal are inadmissible.

However, comprehensively taking account of the aforementioned evidence, the Defendant was found to have been on October 3, 2019 when the driver was on duty and immediately after being rescued at around 00:50 on October 3, 2019 and demanded a police officer to take a drinking test by the police officer. At the Defendant’s request, the police officer sent the Defendant to an emergency room in the hospital, and the Defendant sent the Defendant to the emergency room at the Defendant’s request, and on October 3, 2019 when the amount of 40 minutes was 40 minutes after the time of the rescue from the time of the medical team’s inquiry, and collected the Defendant’s blood through a nurse at around 01:28,00 on October 4, 2019.