A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 11, 2017, around 21:30, the Defendant driven a e-learning car while under the influence of alcohol content of about 10 meters in the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, with alcohol content of 0.206%.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning suspect interrogation of some of the police officers against the accused (excluding the part not exceeding the phone statement of the reporting person on the 37th page of the investigation records);

1. Each legal statement of witness F, G and H;

1. Each legal statement of a witness I, J and K;

1. A survey report on actual conditions;

1. A report on occurrence;

1. Accident photographs;

1. A written statement of the driver who takes charge;

1. 112 Case disposition table;

1. On-site verification photographs, ten photographs;

1. Recording records (the page of the investigation records, No. 73 through 76);

1. Application of Acts and subordinate statutes on investigation reports (the 23,28th page of investigation records);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. According to the prosecutor’s statement conducted on November 9, 2017 in the Defendant’s newspaper process, the Defendant was able to operate a new vehicle purchased not later than three days prior to the date of the instant occurrence with a driver’s seat in order to see the various functions of the vehicle except operation, and the driver was able to operate the vehicle with a driver’s seat at the rate, but the starting line did not take place. However, in the case of the vehicle operated by the Defendant, it is possible to operate the vehicle with a driver’s license (R) later from the parking (P), even without the starting line.

On the wind side to be the wind side, the vehicle is only driven behind, so there is no fact that it has been driven.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant at the time of the instant case completed the operation of the vehicle and the operation of the vehicle.

As such, drinking is driving.