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

Punishment of the crime

1. On July 31, 2017, the Defendant driven an E QM3 car at the distance of about 10km from the front of the “D” restaurant located in Jinjin-gun C, Namjin-gun, Seoul, to the road located in approximately 17 km-dong, Young-dong 2-dong 2-dong, while under the influence of alcohol leveling 0.081% of alcohol level during blood transfusion around July 31, 2017.

2. On August 30, 2017, the Defendant driven an E QM3 car from around 5km to the front day of the entrance of the village of the mountain village of the mountain village of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea at around 00:15, with alcohol concentration of 0.19%.

Summary of Evidence

Paragraph 1 of the judgment

1. Statement by the defendant in court;

1. Paragraph (2) of the Investigation Report (related to the video analysis taken by a police officer on the spot, No. 14 of evidence), notification of the result of the control of drinking driving (Evidence No. 11 of evidence), and the statement of the situation of the driver at the State (Evidence No. 3 of Evidence);

1. Part of the defendant's legal statement (the legal statement that the defendant drivess the vehicle at the time and place specified in paragraph (2) as stated in the judgment of the court)

1. Each legal statement of witness F, G and H;

1. The defendant and his defense counsel asserted to the effect that they merely drink alcohol after stopping, and do not drive alcohol, in relation to the crime under Paragraph 2 of the judgment. The defendant and his defense counsel asserted that they did not drive alcohol.

However, in full view of the aforementioned conviction evidence, it was argued to the effect that ① the above QM3 passenger vehicles used in QM3 reported that they go to the opposite direction while driving a motor vehicle for drinking alcohol (the number of the motor vehicle is specified) and discovered the defendant from the driver’s seat of the above QM3 motor vehicle stopped by the police officer, ② there was no person driving the said motor vehicle other than the defendant at the time of the occurrence of the instant accident, ③ the defendant first was investigated by the police.