A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on August 28, 2014, and was sentenced to a summary order on August 17, 2016 by the same court on August 17, 2016, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on two or more occasions.

Nevertheless, at around 22:00 on December 5, 2018, the Defendant driven a B-car under the influence of alcohol with approximately 150 meters alcohol concentration of approximately 0.054% from the section of approximately 150 meters from the Seo-gu Seo-gu Incheon Metropolitan City to the full-time distance in the same Dong.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Control note;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Previous convictions: Criminal records [the defendant's defense counsel is measured during the period of blood alcohol concentration so it cannot be deemed that the blood alcohol level was above the punishment standard at the time of driving, and the blood alcohol level was above 0.05% cannot be readily determined. Although there is an interval between the driving time and the blood alcohol level measurement time, and even if it appears that the blood alcohol concentration at the time of driving is increased, such circumstance alone alone is insufficient to deem that the blood alcohol concentration at the time of actual driving was above the punishment standard level. Whether the blood alcohol concentration at the time of actual driving should be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances recognized by evidence, such as the time between the driving and measurement, the difference between the measured blood alcohol concentration and the punishment standard, the number of blood alcohol concentration at the time of continuous driving and the degree of behavior at the time of driver, the situation and circumstances of the accident, etc. (see, e.g., Supreme Court Decision 201Do6475, Jul. 25, 2019).