Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On July 8, 2014, at around 22:20, the Defendant driven a vehicle C with approximately 1 km from the front day of the sexual luminous conference in the Donnam-do to the malfunction loan located in the same Eup/Myeon while under the influence of alcohol content of 0.052% in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. The judgment on the defendant and his defense counsel's assertion that: (a) the pertinent legal provision on the crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the selection of a sentence [the prosecutor who was prosecuted under Article 148-2 (1) 1 of the Road Traffic Act but is prosecuted under Article 148-2 (1) 1 of the Road Traffic Act, and the second indictment is pending on July 21, 2014 with the second records of drinking driving; (b) the separate violation of the Road Traffic Act, which is pending on trial after being prosecuted under this court on July 21, 2014, did not state the details of punishment through the revision of the indictment; and (c) the punishment by applying Article 148-2 (1) 1 of the Road Traffic Act by deeming the instant drinking driving to be completely separate from the above records of drinking driving; and (d) the punishment of the instant drinking driving is unfair in sentencing.]

1. The summary of the assertion is that the drinking driving of this case is related to the driving under the influence of alcohol for which a summary order has already become final and conclusive (hereinafter “separate driving under the influence of alcohol”), and thus, the judgment of acquittal shall be pronounced.

C.2. Determination

A. On July 8, 2014, at around 22:20, the Defendant driven a vehicle C at a 1km section from the front day of the sexual luminous conference in the front day of the front Don-nam-Eup Don-do to the malfunction loan located in the same Eup/Myeon, after one hour after a separate drinking driving.

B. On July 8, 2014, when the Defendant was under the influence of alcohol on July 21, 2014, prior to one-time alcohol driving of the instant case, a steering dog located in the Gando-do-Eup of Yando-do-do-Eup, with a alcohol content of 0.066% of alcohol level 0.20%.