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 February 5, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

On May 3, 2020, at around 15:35, the Defendant driven a Fpoter II truck under the influence of alcohol exceeding 0.03% of the blood alcohol concentration on the section of approximately 40 meters from the Do in front of Seosan City, C to the front road located in Seosan City D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Reporting of details of drinking alcohol measurement, results of the control of drinking driving, and investigation report (report on the circumstances of drinking drivers);

1. The photograph of the instant case-related photograph, CCTV video-recordings at H convenience points, photographs by cutting down the I cafeteria CCTV images, and CCTV video-recording photographs and CDs;

1. Determination of the defendant's assertion on criminal records, etc. inquiry report, the previous records, and the result of confirmation

1. The alleged defendant is not under the influence of alcohol of 0.09%, which is the blood alcohol concentration indicated in the facts charged, since he/she drank again after driving alcohol after drinking alcohol, and drank again after drinking alcohol.

2. According to the video recording of the I cafeteria, the Defendant, at around 15:35 on May 3, 2020, driven a Fpoter II truck and parked on the front road, and then left the vehicle on the front road at around 15:50 on the same day after leaving the vehicle from the 15:50 on the same day, and after receiving a report at around 16:33 on the same day, it can be recognized that he was seated or left on the rear part of the cargo until the police arrives, and that he was not traveling to any other place. Thus, the Defendant’s assertion that the Defendant, after driving a cargo vehicle, takes alcohol additionally after driving the vehicle, is without merit.

However, it is difficult to readily conclude that the blood alcohol concentration at the time of driving falls under 0.09% measured at 16:52, since the blood alcohol concentration at the time of driving consists of 16:52 on the same day and there is a considerable interval between the time and the time of driving.

However, the defendant from 13:40 to 14:30 on the same day.