Attorney in charge C

The provisional payment of the amount equivalent to the above fine shall be ordered.

Around 19:50 on December 21, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.051%, and the Defendant was driving a DNA car from approximately 50 meters from the front day of the Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu to the front day of the Gonnam apartment of the Gonnam Village, 878, to the same road as the former funeral.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation reports (Calculation of Madmark);

[Defendant's defense counsel asserts to the effect that the blood alcohol concentration of the defendant at the time of his driving under the influence of alcohol in this case is calculated by the Madmark formula, and that the Defendant's blood alcohol concentration at the time of his driving under the above Madmark formula cannot be readily concluded to meet the punishment standards. However, according to the records, the time of his driving under the record is about 110 minutes after the Defendant's final drinking time, and about 19:50 on December 21, 2014; the blood alcohol concentration at 0.048% on the same day after 26 minutes from the Madmark formula; the police officer in charge applied the above Madmark formula to 0.008% on the blood alcohol concentration at the time of his driving under the above Madmark formula; the defendant's blood alcohol concentration at the time of his driving under the above 0.051% (0.048% +0.03% on the same day after 26 minutes from the defendant's final drinking time.

Application of Statutes

1. Article applicable to criminal facts;

Articles 148-2(2)3 and 44(1) of the Road Traffic Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.