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A defendant shall be punished by imprisonment for one year.
However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On February 25, 2016, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 25, 2016
【Criminal Facts】
On November 4, 2019, at around 14:15, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a DNA cargo vehicle while under the influence of alcohol with a blood alcohol concentration of at least 0.03% from the 1km section from the front side of Gohap-gun, Gohap-gun to the front side of C.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;
1. Investigation report (Investigation report on E for a reference), investigation report (Investigation report on the F for a reference), investigation report (Investigation report on reporter G), investigation report (investigation report on a container where a suspect claims that he/she drinks alcohol), three photographs inside the container), investigation report ( telephone conversations on a shoter), investigation report (Attachment to 112 Report Report) (Attachment to 112 Report Report) and investigation report (Investigation Report on Telephone Statements);
1. Previous conviction: Judgment on criminal history records, inquiry report (A), investigation report (verification of the same criminal records as the suspect), the defendant, and defense counsel's assertion
1. The summary of the argument was that the Defendant, while working in a rice beer, she snicked a snick with a snick, was driving at the house of G with a snick, and she was forced to take a alcohol level after phoneing 119 to alleviate pains. The blood alcohol level at the time when the Defendant was driving did not exceed 0.03%.
2. The following circumstances revealed by the evidence duly adopted and investigated by this Court, namely, ① the Defendant stated in this Court that “at around 10:00 on November 4, 2019, 200, at least 1:00, the Defendant was driving a cargo vehicle after drinking the cargo vehicle at around 13:00, ② around 10:00, the Defendant and the small-scale 2 remains each of the Defendant and the small-scale 2 remains at the Agricultural Road Maintenance site.”