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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

On December 29, 2015, at around 00:20 on December 29, 2015, the Defendant driven a car Alh Pin with approximately 15 meters alcohol level 0.070% under the influence of alcohol level from the 15m section to the roads of Samsung Flas, located in the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Results of fact inquiry to the Busan Summer Police Station of this court;

1. The application of Acts and subordinate statutes after making a report on the control of drinking driving;

1. Relevant Article of the Act and Article 148-2 (2) 3 of the Road Traffic Act and the selection of fines concerning the crime;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant asserted that, immediately after drinking alcohol, the blood alcohol level at the time of driving the vehicle, and the drinking alcohol level in this case was measured after a considerable time after driving the vehicle. Thus, the result of the measurement alone cannot be readily concluded that the defendant exceeded the punishment standard for drinking driving at the time of driving.

Even if there is an interval between the time and the time of the measurement of the blood alcohol concentration, and the time is seen to increase the blood alcohol concentration, such circumstance alone is insufficient to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard.

In such cases, whether the blood alcohol concentration was above the standard level of punishment even at the time of driving, the difference between the time distance between the driving and the measurement, the difference between the measured blood alcohol concentration and the standard of punishment, the continuous time and the amount of drinking, the degree of behavior of the driver at the time of the control and measurement, the situation of the accident if there was a traffic accident.