도로교통법위반(음주운전)
1. The defendant shall be punished by a fine of two million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
On August 16, 2016, at around 22:50, the Defendant driven a Bco-sports truck with approximately 20 meters of alcohol level 0.126% (the result of blood collection) while under the influence of alcohol level 0.126% in front of the Geumdo-dong, Daejeon-gu, Hongdo-dong to the front and front of the Geumdo-dong 1582 (Seongnam-dong), as in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of driving under the influence of alcohol, a report on the state of driver under the influence of alcohol, a report on the state of driver under the influence of alcohol, a inquiry into the records of crackdown on driving under the influence of alcohol, a report on the state of driver under the influence of alcohol, and a written assessment of alcohol from alcohol [Defendant shall state only time, except when the time to collect blood falls on August 23, 2016 (hereinafter referred to as "electronic document");
) Since 30 minutes passed from around 22:50, a person who was at the time of drunk driving, the person asserts that blood alcohol concentration should be recognized as 0.126%, not as a result of blood collection measurement, but as 0.104%, which is the result of respiratory measurement conducted at around 23:07. However, in light of the following circumstances: (a) whether to trust a blood alcohol measurement conducted by a respiratory tester when blood testing differs from a blood testing conducted by him/her is a matter of judge’s free evaluation of evidence; (b) in the case of a measurement conducted by a respiratory tester, there may be a problem of accuracy and reliability of the measurement results based on the state of the measuring instrument, method of measurement, degree of cooperation between the other party; and (c) barring any special circumstance where it is difficult to believe the result of the measurement conducted by blood gathering, such as artificial manipulation or interference by a related party, the blood testing conducted by the blood testing at around 203% of the blood alcohol measurement conducted by the Defendant at the time of respiratory measurement conducted by the respiratory measuring instrument (see Supreme Court Decision 20003.4.