A defendant shall be punished by imprisonment for six months.

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 January 2, 2008, the Defendant issued a summary order of KRW 1 million by a fine of KRW 1 million by a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 10, 2008, a summary order of KRW 2.5 million by a fine of KRW 2.5 million by a violation of the Road Traffic Act (driving) at the Incheon Central District Court on June 10, 2008, and on October 12, 201, the Seoul Central District Court sentenced 10 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) at the Seoul Central District Court on October 12, 201, and violated

On October 14, 2013, at around 20:39, the Defendant driven a NAS car with approximately 100 meters alcohol level 0.083% under the influence of alcohol level 0.083% from the day before the D cafeteria located in Namyang-si C to the front day of the Hado-Eup Geumdo-ri 171-9.

Summary of Evidence

1. Partial statements of the accused and partial statements of the fourth trial records;

1. Statement of witness F in the second protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and report on the situation of driving under the influence of liquor;

1. Previous records: Judgment on the defendant's assertion of inquiry records such as criminal records, investigation reports (verification of the same type of force, relevant judgments, etc.);

1. The Defendant asserts that the last time of drinking at the time of the instant case is around 21:0 on April 14, 2013; the time when the Defendant driven the instant vehicle is about 21:10 on that day; the time when the Defendant driven the instant vehicle is about 21:10 on that day; and the time when the alcohol is measured is about 21:52 on that day.

In addition, on the premise of such facts, the Defendant is generally aware that blood alcohol concentration has increased between 30 and 90 minutes after drinking, leading to the highest concentration, and then 0.08 to 0.03% per hour, it is possible that the Defendant’s blood alcohol concentration would have increased at the time of the increase of the Defendant’s blood alcohol concentration since around 21:52, when the Defendant measured the alcohol level, was at the time between 30 to 90 minutes after the last drinking.