A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On August 25, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1,000 for a crime of violating road traffic law in the Nam-gu District Court of Gwangju on August 25, 2006; on May 1, 2007, the same court received a summary order of KRW 3 million for the same crime; and on March 20, 2008, the Defendant was sentenced to imprisonment for 6 months and 2 years for the same crime in the same court.

[2] On May 29, 2018, the Defendant driven a D-Adi vehicle from the Defendant’s home located in the Gun of 0.093% of alcohol concentration in blood at around 22:10 on May 29, 2018 to the front of the G-Adi road located in C, from the Defendant’s home located in the Gun of Y-do to the G-Adi vehicle located in C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, copy of the judgment, and copy of each summary order, such as criminal history;

1. Relevant Article 148-2, Articles 148-2, 14 (1), and 44 (1) of the Road Traffic Act, the selection of imprisonment for a crime, and the selection of punishment for a crime;

1. Determination as to the defendant and his/her defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the defendant’s reflection and failure to repeat the crime)

1. The Defendant asserted that he dices alcohol until May 29, 2018, and that the measurement of alcohol concentration against the Defendant was conducted 22:3 on the same day.

Since the Defendant’s blood alcohol concentration, which was written in the facts charged, was measured in the so-called blood alcohol concentration riseer between 30 minutes and 90 minutes after drinking was terminated, the Defendant driven a motor vehicle under the influence of alcohol with a alcohol concentration exceeding 0.05% in blood only by means of the blood alcohol concentration.

The recognition is insufficient, and there is no other evidence to prove it.

2. Relevant legal principles.