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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On February 24, 2017, at around 01:05, the Defendant driven a DNA motor vehicle under the influence of alcohol content of approximately 0.051% from the 10km section from the trade name in the Seongdong-gu, Seongbuk-gu, Sungwon-si to the front roads of Korean power located in the same city-Masan-dong to the same city-based Masan-dong.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. On February 24, 2017, an inquiry into the results of the statement of the situation of the driver who is placed in driving, and the fact of regulating self-driving;
1. Written consent to blood collection, requests for appraisal of drinking, and application of response to requests for appraisal;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of an alternative fine for punishment;
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 not guilty portion of the instant facts charged with the Defendant’s primary charge of the instant case was “The Defendant driven a DNA straw car under the influence of alcohol with approximately 10km alcohol concentration of about 0.105% from the 10km section from the 10km section to the Korean power line located in the same Masan-dong, Changwon-si, Changwon-si, Seoul-si, Seoul-si, to the Korean power line located in the same Masan-dong.
“.....”
Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant driven a car while under the influence of alcohol exceeding 0.051% in blood at the above time and place, and above 0.1%, and there is no other evidence to prove otherwise.
Thus, the facts charged above should be found not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act because there is no proof of criminal facts. However, as long as the court found the defendant guilty of violation of the Road Traffic Act (driving) as stated in the preliminary facts charged, it shall not be pronounced not guilty in the text.