Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 26, 2017, around 11:40, the Defendant driven an E Costex vehicle at approximately 800 meters from the construction site of the Seo-gu Incheon Seo-gu Bement to the front road of the “D” restaurant located in the same Gu C, while under the influence of alcohol content of about 0.151%.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Each legal statement of the witness H, I, and J;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to F, H, I, J, and G;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Investigation report, internal investigation report (the restaurant search that the suspect drinks after the accident), internal investigation report (the CCTV image on the scene of the accident), investigation report (the verification of the fifth accident site), the defendant and his defense counsel asserted that the defendant merely drank two diseases by entering a nearby restaurant after the occurrence of a traffic accident, and did not drive a drunk.

However, in light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the defendant can sufficiently recognize the fact that the defendant performed drinking while drinking at the time of the accident.

(1) There is no person who has observed a place where the defendant drinks alcoholic beverages in or out of a restaurant.

Even CCTV images around a restaurant, there is no video recording on the surface that the defendant has a alcohol disease or drinks alcohol.

② Although the Defendant alleged that he was drinking after an accident to the police dispatched to the scene, the police officers dispatched to the scene could not find out that the Defendant was drinking at a restaurant.

(3) The F, who is a victim of a traffic accident, statements that the defendant was under the influence of alcohol from the scene of the accident.

(4) From the time when the defendant arrived at a restaurant area to the time when the F and G, the victims of the accident, are close to the defendant, it shall be limited to five minutes in the long range, and they turn off two diseases during this hour.