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

On February 8, 2014, at around 18:55, the Defendant driven Bunst Motor Vehicle while under the influence of alcohol concentration of about 0.163% on the road at approximately 30 meters at the parking lot entrance of the Gumyeong Winter Olympic Memorial.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Making a report on the control of drinking driving;

1. Application of the Act and subordinate statutes to the investigation report (for the distance of sound driving);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act argues that since the parking lot in the judgment of the defendant cannot be seen as "road" under the Road Traffic Act, the defendant cannot be punished as a crime of violating the Road Traffic Act.

Article 148-2 of the Road Traffic Act is punishable by the "person who drives a motor vehicle, etc. under the influence of alcohol", while Article 2 (Definition) 26 of the Road Traffic Act (including places other than a road, in cases falling under Articles 44, 45, 54 (1), 148 and 148-2) of the same Act. The term "driving" means the use of a motor vehicle or horse on a road (including places other than a road, in cases falling under Articles 44, 45, 54 (1), 148 and 148-2) according to its original purpose and use. The term "driving" defined as the "driving" as the use of a motor vehicle or horse on a road according to its original purpose and, in cases falling under Articles 44 (Prohibition of Driving under the influence of alcohol) and 148-2 of the same Act, it includes "place other than a road."

1. "Road" means any of the following:

Roads under the Road Act;

(b) A toll road provided for in the Toll Road Act;

(c) Rural roads under the Act on the Maintenance of Road Networks in Agricultural and Fishing Villages;

(d) Other.