If the defendant does not pay the above fine, KRW 100,000.

On July 14, 2017, around 08:00, the Defendant driven a FM5 car under the influence of alcohol concentration of about 0.05% from the 1km section to the front road located in D in the same city on the roads near Jeju city located in D, in around July 14, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The circumstantial statement report of the driver who was under the influence of alcohol, and the inquiry about the result of regulating the driving of alcohol [the defendant and his defense counsel asserted that the defendant's use of the oral clean system before the alcohol measurement so that he could not trust the amount of drinking to the defendant. However, the following circumstances acknowledged by the evidence adopted and examined by the court are as follows: ① Repulmon measurement against the defendant was conducted after the defendant was put under his control; ② The defendant used the oral clean system to the police officer only after the Repulmonary measurement was conducted after 0.05% after the part of his decision-making

It was discussed that blood can be collected from police officers.

In light of the fact that the defendant did not collect blood due to his/her own refusal (Evidence Nos. 6) despite his/her solicitation, the argument by the defendant and his/her defense counsel is difficult to accept.

Application of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;