Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

On October 19, 2017, the Defendant driven approximately 1 km from “new wall house” 6, 101, to the front of 92-8, as the former bankruptcy in Gangnam-gu Seoul, while under the influence of alcohol content 0.059% of alcohol during blood transfusion around 04:09, the Defendant driven approximately 1 km from “new wall house” 6, 101, to the front of 92-8.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of Acts and subordinate statutes to the detailed statement report on the situation of the driver placed at the main place, investigation report (report on the situation of the driver placed at the main place);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On May 19, 2017, the Defendant: (a) terminated drinking around 03:15 on the same day; (b) finished driving due to the crackdown around 03:45 on the same day; (c) on the same day, at around 04:09, the blood alcohol concentration was measured with the respiratory measuring instruments; (d) the numerical value was 0.059%; and (e) the blood alcohol concentration was increased from the time of completion of driving until the blood alcohol concentration was measured; and (e) thus, it cannot be readily concluded that the blood alcohol concentration was 0.05% or more at the time of driving.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

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