도로교통법위반(음주운전)
1. The defendant shall be punished by a fine of five million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
On May 16, 2010, the Defendant was driving under the influence of alcohol with 0.131% of alcohol concentration. On May 8, 2012, the Defendant was driving under the influence of alcohol with 0.052% of blood alcohol concentration. On May 8, 2012, the Defendant was issued a summary order of 1.5 million won by a district court of Speaker's government as a crime of violation of the Road Traffic Act (driving) and the summary order became final and conclusive.
On November 30, 2014, at around 21:12, the Defendant driven approximately 500 meters of B vehicles from the roads near Masan-si, Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, and the roads located in 251, both of which are under the influence of alcohol concentration of 0.06%.
[Defendant was under the influence of alcohol at around 21:12. At around 21:19, he was under the influence of alcohol at around 0.066%, the blood alcohol concentration was 0.17% as a result of the pulmonary measurement conducted by Defendant’s objection and the measurement conducted by blood gathering upon Defendant’s objection, and was charged with blood alcohol concentration according to blood gathering measurement results. However, after 30:90 minutes after normal alcohol, blood alcohol concentration was under the highest level, and then reduced thereafter. According to the records, Defendant’s final drinking time is between 20:40 and 21:09, and Defendant’s body and alcohol concentration was under the influence of Defendant’s body and blood alcohol concentration was under the influence of Defendant, and even if it did not increase, it is reasonable to view that each of the instant driving and blood alcohol concentration was under the influence of Defendant’s body, and thus, it is reasonable to view that the Defendant’s final drinking time was under the influence of blood alcohol concentration at least to the Defendant.
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the Reporting Report on the Control of Drinking Driving ( dated December 18, 2014);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;