도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 22:57, 2015, the Defendant driven a clearning car under the influence of alcohol of approximately 500 meters in a section of approximately 500 meters alcohol content from the front of the Dong cancer Station in Bupyeong-gu Incheon, Incheon to the front of the 448-dong Rock.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The defendant and his defense counsel asserted that the defendant's correction standard work [the defendant and his defense counsel delayed for 4 minutes compared to the time when the defendant finally finished driving, and the time for measuring alcohol at the time was within the rapid increase period of alcohol concentration during blood, so the defendant's alcohol concentration during blood was below 0.050% at the time of driving.
The following circumstances found by the evidence duly adopted and examined by this court; ① The Defendant measured drinking in accordance with the measurement procedure by a drinking measuring instrument immediately after September 7, 2015, which was controlled by the driving of the instant drinking, and the actual measurement time was September 23, 2015 during which the degree of four minutes flows. < Amended by Presidential Decree No. 26548, Sep. 7, 2015>
In particular, the point and the point of measurement are not different; ② the point and the point of measurement are not different; ② the point and the point of measurement of the drinking measuring instrument are expressed at a lower rate than 5% below the standard level for the drinking measuring instrument to the respiratory-man, taking into account the difference rate of approximately 5% of the drinking measuring instrument, and the point that the correction was completed on July 24, 2015; ③ the result of the measurement of the drinking measuring instrument by the respiratory-man to the Defendant was 0.050%; ③ according to the method of indication as above, the actual measurement is 0.0525%; ④ even considering the difference rate of the drinking measuring instrument to the maximum extent possible; ④ The alcohol concentration among the ordinary blood transfusion is gradually reduced after drinking alcohol to the highest level between 30-90 minutes, and thereafter, it is known that it has come to the highest level between 30 to 90 minutes.