도로교통법위반(음주운전)
Defendant shall be punished by a fine of 3.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On March 28, 2014, at around 01:00, the Defendant driven a car with an alcohol level of 0.11%, starting from the Dju shop in Busan Southern-gu C to the entrance road of the Yellow-gu tunnels.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. A report on detection of a host driver;
1. The application of Acts and subordinate statutes governing blood alcohol appraisal;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The defendant and his defense counsel's defense counsel's assertion of the provisional payment order pursuant to Article 334 (1) of the Criminal Procedure Act shall be deemed to have increased the defendant's blood alcohol concentration from the final drinking to the blood collecting time. As such, it is reasonable to determine the 0.075% of the defendant's blood alcohol concentration by pulmonary measurement to the blood alcohol concentration near the driving time. The defendant's blood alcohol concentration by pulmonary measurement and 0.075% of the blood alcohol concentration by pulmonary measurement and 0.11% of the blood alcohol concentration by 0.036% of the blood collecting cannot be deemed to have been normal values. Thus, the defendant argues that the defendant is only recognized to drive a vehicle while 0.075% of the highest blood alcohol concentration is 0.075%.
Even in cases where there is time interval between the blood alcohol concentration and the blood alcohol concentration measurement point, such circumstance alone cannot be deemed as impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the blood alcohol concentration at the time of measurement.
In such cases, whether or not it can be seen as above the standard value of punishment even at the time of driving shall be in accordance with logical and empirical rules, comprehensively taking into account the distance between driving and measurement, the difference between measured blood alcohol concentration and the standard value of punishment, and the continued time of drinking and drinking volume.