A defendant shall be punished by imprisonment for six months.

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 December 1, 2017, at around 01:08, the Defendant driven a E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Inquiries about the results of crackdown on driving alcohol and investigation reports (report on the situation of the driver in charge of driving alcohol);

1. An explanatory note;

1. A report on investigation (the first 112 reporter’s confirmation), a report on 112 reported case processing table (F,G, H);

1. A investigation report (STV image verification), the leakage of CCTV images for crime prevention, and the closure of the CCTV images of the D building;

1. Investigation report (to hear statements by a person who has reported on driving a motor vehicle drinking);

1. Investigation report (verification of the CCTV content at the control site);

1. Application of Acts and subordinate statutes to report on investigation (report on telephone communications of witnesses who were at the police site after reporting a drinking driver);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding community service order

1. The gist of the assertion is that the Defendant did not have driven a vehicle on the date and time indicated in the facts charged, and the Defendant only left the vehicle on the one-lane road, which is a place where control was placed, in order to cause disputes as to the agency driving fee between the Defendant and the Defendant while the substitute driver driven the Defendant’s vehicle.

2. Determination

A. According to the above evidence, the following facts are acknowledged.

1) On December 1, 2017, the Defendant’s vehicle continued to stop on the same page for a period of more than 01:09:52 on the three-lane road front of the D Building, which is a place of light control, and thereafter, until it is controlled after stopping.

The above-lane is a left-hand lane and the other vehicle has entered one lane following the defendant's vehicle to turn to the left, and has waiting to turn to the left from the vehicle behind the defendant's vehicle, but the left-hand turn.