Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On May 11, 2012, the Defendant driven a C-wing truck with a blood alcohol content of about 0.052% at about 2km from the front day of the Hyundai Apartment apartment located in the Soyang-gu Goyang-gu Goyang-gu Goyang-gu Goyang-gu Goyang-si, Goyang-si, 8:30 on the same day to the Goyang-gu Goyang-gu Goyang-gu Goyang-si, Goyang-si, Goyang-si, Goyang-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the fact that various elements in the measurement of the blood alcohol measuring instrument by the Defendant and the defense counsel’s assertion measuring error and the application of the above mark formula may affect the blood alcohol concentration, it is insufficient to prove that the Defendant driven alcohol solely on the ground that the blood alcohol content of about one hour passed from the Defendant’s driving time was measured at approximately 0.045% on May 11, 2012.

2. In the judgment of the driving, the blood alcohol concentration at the time of driving can be presumed as a result of a veterinary process using the so-called dicmark if it is not possible to examine the driver’s blood and pulmonary samples immediately after driving, but to measure the blood alcohol concentration at the time of driving. In this case, the blood alcohol concentration at the time of driving is calculated based on the dic alcohol concentration measured after a certain time from a specific driving point of time using the dicmark formula, and the blood alcohol concentration at the time of driving is calculated by adding the blood alcohol concentration after the blood alcohol decomposition at the time of driving calculated in accordance with the decrease due to the decomposition and extinguishment of alcohol during a time.