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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.
Reasons
Punishment of the crime
On December 16, 2019, the Defendant was sentenced to a fine of KRW 10 million by the Seoul Central District Court for a violation of the Road Traffic Act.
On May 4, 2020, at around 17:45, the Defendant driven a Crenren car with the blood alcohol concentration of 0.055% in Gangnam-gu Seoul Metropolitan Government B apartment with the volume of 2018 high 79510m.
Summary of Evidence
1. Partial statement of the defendant;
1. A report on a traffic accident by the police interrogation protocol to the accused, and a statement on the occurrence of a traffic accident;
1. Photographss, places of measurement of drinking alcohol, reports on detection of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);
1. Previous convictions: Criminal history records, investigation reports (Attachment of the same type of crime records), judgment [Defendant 1] stating that he was driven by a vehicle while trying to take a proper test as to his hand and did not have any intention to drive the vehicle. He did not have any intention to drive the vehicle. The following circumstances, which are recognized by comprehensively taking into account the evidence duly adopted and investigated in this court, are as follows: the Defendant, at the police, stated that “I think that he was punished because he was a child’s day and his day, and his family were in a meeting with his family, and thus he was able to take care,” and the Defendant stated that “I would like to recognize the facts charged to the effect that the Defendant was able to drive the vehicle by taking care of his hand,” but the Defendant stated that “I would not have any reason to deem that the Defendant would have any intention to drive the vehicle in light of the circumstances that the Defendant would have been able to drive the vehicle in light of the aforementioned circumstances.”
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Selection of Criminal Crimes;