도로교통법위반(음주운전)
Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On January 25, 2014, the Defendant driven the said vehicle at the section of approximately 300 meters from the entrance of the Changwon Prison located in the Changwon-si, the Changwon-si, the Changwon-si, to the front road, regardless of whether there is a waterter located in the same kind of the vehicle, while under the influence of alcohol by 0.054% of the blood alcohol concentration of the Defendant around 02:43 on January 25, 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;
1. Relevant Articles 148-2 (2) 2 and 3, and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant’s blood alcohol content cannot be determined to be above 0.050% inasmuch as the Defendant’s blood alcohol content at the time and place stated in the facts constituting an offense was driven by a vehicle under the influence of alcohol at a place, but the blood alcohol content at the time of the initial alcohol measurement is lower than 0.05% in the case of a second measurement by a person and a police officer, as a result of the second measurement, the blood alcohol content at the time of the initial alcohol measurement was 0.05% in the case of a second measurement.
In light of the records, the respiratory measuring instrument used for the measurement of the defendant's drinking (equipment No. 583919) was used only once against the defendant (if the absorption measuring instrument is used, it remains in the records even if it is low in the level of drinking water), and the ordinary respiratory measuring instrument is corrected to have a level of 5% higher than the actual alcohol concentration at the time of correction. Even when considering the error of the defendant's assertion, the measurement of the above respiratory measuring instrument constitutes the blood alcohol concentration of 0.05% or more as provided by the Road Traffic Act, the defendant's assertion is rejected.