도로교통법위반(음주운전)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
At around 01:55 on April 19, 2014, the Defendant driven a C Car with approximately 300 meters section from the day above 02:00 on the same day to the 81st day under the influence of alcohol exceeding 0.05% during blood alcohol content.
Summary of Evidence
1. Legal statement of witness D;
1. Partial statement of the police interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to an appraisal of alcohol concentration in blood and the result of the crackdown on drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order
1. On April 19, 2014, at around 01:55, the Defendant driven a car in the state of alcohol alcohol concentration of about 300 meters by driving a car in the state of under the influence of alcohol content of 0.129% from 02:00 on the same day to 80:0 on the day.
2. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise point or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time after the completion of the operation, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penal standard.
Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average approximately 0.015%) has decreased by 0.08% (average about 0.015%). If the driving is completed, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the alcohol concentration.
(see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). In light of the foregoing legal doctrine, it is reasonable to view the foregoing.