A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On May 4, 2009, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court red support.

1. The Defendant in violation of the Road Traffic Act (driving) stated the facts charged as “00:40 on August 13, 2019.” However, according to the fact-finding survey and investigation report (specific time for reporting persons and accident), the driving time is recognized to up to 00:25, given that the Defendant is recognized as the driving time according to the fact-finding survey and investigation report (specific time for reporting persons and accident). Thus, this Court changed the date and time

The facts charged of blood alcohol concentration in approximately 2 km from the front side of the defendant's land in Hongsung Group B to about C are described as "0.198%".

However, an investigation report (Calculation of blood alcohol concentration) which is the basis of the above numerical value is applied on the basis of the numerical value at the time of measurement (03:17 around 03:17) with respect to the numerical value of “(00:25) at the time of an accident (0:00 minutes after the blood alcohol concentration) at the time of termination of drinking (0:00),” which is the basis of the above numerical value. As such, the above numerical value cannot be recognized on the ground of this, since the above numerical mark formula applied at the time of measurement only to “where the blood alcohol concentration at the time of measurement from the time of operation to the time of measurement” is inappropriate.

However, in full view of the following evidence, it can be sufficiently recognized that the defendant was under the influence of alcohol exceeding 0.03% of blood alcohol content at least at the time of the accident (minimum punishment level under Article 148-2(3)3 of the Road Traffic Act). Thus, this court recognizes the concentration as “incompetence” only.

DPoter II truck was driven under the influence of alcohol.

2. The obstruction of performance of official duties and the Defendant’s injury on August 13, 2019, at around 00:40, the nearest roads E in Hongsung-gun, Hongsung-gun, with the report of 112, stating that “A driver who has caused a drinking incident is walking,” and the circumstances and circumstances leading up to the F Registry of the Chungcheong Hong-gun Police Station, who called out, and the Defendant was drunk by the reporter.