The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Punishment of the crime

On April 16, 2020, at around 22:45, the Defendant driven a motor vehicle E-Inte under the influence of alcohol with a blood alcohol concentration of at least 0.08% at the section of approximately 1.7km from the front day of the restaurant C in Hong-gun B to the D apartment parking lot.

Summary of Evidence

1. Comprehensively taking into account the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court as to the Defendant’s partial statement F of the Defendant’s witness F of the Defendant’s legal statement F and G’s statement, the police’s notice of the result of the influence of drinking alcohol on the police statement, the investigation report on blood alcohol concentration at the time of the Defendant’s driving (the record of the Defendant’s H telephone statement) and the Defendant’s assertion by the defense counsel, even if the Defendant’s blood alcohol concentration at the time of his driving is more than 0.08%, it is proven without any reasonable doubt that the Defendant’s blood alcohol concentration at the time of driving.

(1) Considering various circumstances, such as the time called up by police officers according to a report on suspected drinking, the distance of movement of police officers, etc., even if the defendant dices alcohol again at home, it is deemed that the interval between the time of drinking and the measurement of drinking has long been at least 30 minutes.

Therefore, considering the fact that the defendant's body absorptions alcohol in his house and time is needed, the defendant is likely to not fully reflected in the blood alcohol concentration measured at the time of the drinking in his house, and the ratio reflected rather is considerably low.

② The blood alcohol concentration measured at the time against the Defendant is 0.182%. The blood alcohol concentration on the facts charged is 0.08% since the driving was completed, and the Defendant’s blood alcohol concentration increases from the time of the blood alcohol measurement to the time of the blood alcohol measurement. On the premise that some of the alcohol content contained in the 1st alcohol concentration on the part of the Defendant asserted that the Defendant was drinking at home is reflected in the blood alcohol concentration, it is favorable for the Defendant.