도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who drives a low-speed car.
On June 24, 2016, the Defendant driven the above vehicle at approximately two meters in front of the F Burial in Gwangjubuk-gu, while under the influence of alcohol more than 0.05% in light of the blood alcohol level, around 22:50 on June 24, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to include part of the statement report on the situation of the driver;
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is confined to a workhouse;
1. The summary of the facts charged is that the Defendant driven a car as indicated in the judgment of the lower court with a alcohol level of 0.105% under the influence of alcohol during blood at the date, time, and place of the facts charged.
2. Determination
A. According to the evidence submitted by the prosecutor, in light of the following: (a) from June 24, 2016 to 22:30, the Defendant’s notification of the results of the crackdown on driving; (b) inquiry into the results of the crackdown on driving; and (c) the final drinking time at around June 24, 2016 or around 21:00; (b) however, the police interrogation protocol for the Defendant states that the final drinking time at around June 24, 2016; (c) the witness I testified that the Defendant drinks from the drinking place to the detection place at around 22:30; and (d) the vehicle driving distance from the drinking place to the detection place to the detection place was about 2:20 meters; and (e) the Defendant’s phone call to the driving company until 22:38, it is reasonable to view the final drinking time at around 230:20.
The fact that the alcohol concentration in blood is 0.105% measured on the same day as the blood alcohol concentration measured by around 23:02 on the same day while driving a 2-meter high-meter vehicle from the place of the vehicle at the He in Gwangju North-gu, and around 22:50 on the same day while driving the vehicle at around 22:50 meters from the place is found.
B. However, the point at which drinking is driving is the point at which alcohol concentration in blood is increased.