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
On August 4, 2017, at around 23:56, the Defendant driven a B SP car with alcohol content of at least 0.05% but less than 0.1% from the section of approximately 200 meters, which is around 0.05% prior to the military service, in the city of Incheon, Nam-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking drivers, reporting on the circumstances of drinking drivers, reporting on the circumstances of drinking drivers, appraisal records, and reporting on the detection of drivers under Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. On August 4, 2017, at around 23:56, the Defendant: (a) driven a Bice-type car under the influence of alcohol with approximately 200 meters alcohol concentration 0.127% from a section of approximately 200 meters to the front line of the Incheon Island located in the same Gu-dong, Nam-gu, Incheon; (b) around August 4, 2017.
2. Determination
A. Although alcohol content in blood due to drinking has a little number of individuals, it has reached the highest value after 30-90 minutes have elapsed since drinking, and later, it is known that the amount of approximately 0.08% to 0.03% per hour (average approximately 0.015%) has gradually decreased.
However, with respect to the increase of alcohol content per hour until the alcohol content reaches the highest level after drinking, the amount of increase cannot be calculated on the ground that there is no information from the research or investigation to the point of time, and there is no data about it.
Therefore, it is impossible to determine whether the alcohol concentration in blood is a situation in which the maximum value increases or belongs to a situation in which the highest value reaches the highest value, and if there is a possibility that the increase is likely to occur in the situation, it will be inferred from the time of measuring the alcohol concentration in blood by applying the above dmark formula.