Defendant shall be punished by a fine of two million won.

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

Punishment of the crime

On November 18, 2018, at around 23:05, the Defendant driven a car in the Sungnam-si Section B of Sungnam-si, with a blood alcohol concentration of 0.050%, from approximately 1km to approximately 5.0SC from the front day of the convenience store to the front day of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of Article 334(1) of the Provisional Payment Order is to be determined by comprehensively taking account of the following: (a) the fact that the defendant made a confession and reflects the blood alcohol concentration; (b) the fact that the person was discovered by drinking is the first time; and (c) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the various sentencing conditions under

Part of the Innocence [State Prosecution]

1. The summary of the facts charged is that the Defendant driven a car under the influence of alcohol with the blood alcohol level of 0.114% at the time and place of the facts charged in the judgment.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, the actual measurement has been made.