A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and a fine of KRW 3 million for the same crime at the Seoul East Eastern District Court on July 31, 2015, respectively.

On July 2, 2017, around 06:03, the Defendant driven a E-sum E-motor vehicle at approximately 0.064% alcohol level from the 20km section from the front of the 119 Safety Center in Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, to the front road of the Datel-gu, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a statement on the circumstances of the driver at home, a report on the circumstances of the driver at home, a report on the detection of the driver at home and a report on the circumstances of the driver at home;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (limited to the previous convictions) and the defendant and defense counsel;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. Among the blood in the alleged facts charged, the blood alcohol concentration is set at 0.064%. In light of the fact that the Defendant’s vehicle is part of his/her place of alcohol due to the mouth cleans (Gain) with alcohol content drafted immediately before the measurement of alcohol, and the blood alcohol concentration at the time of the measurement of alcohol level, the Defendant driven a vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.05%.

It is difficult to see it.

2. Determination

(a) Where the distance between the driving point and the blood alcohol concentration is measured, and the time seems to rise the alcohol concentration during the blood;

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

whether it can be seen.