Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 11, 2015, the Defendant driven a 38 km C rocketing car from the front day of the house of the Defendant, who was in the Chang-si Mansan Woo-gu, Changwon-si, to the front day of the father-gu, Kimhae-si, while under the influence of alcohol concentration of 0.125% (blood appraisal value) during blood transfusion around 03:15, the Defendant driven a 38 km car from the front day of the house to the front day of the oil station in the Kimhae-si.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to a blood collection report, a request for appraisal of alcohol concentration in blood, and a reply to a request for appraisal, and the results of crackdown on driving alcohol;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment is 0.062% of alcohol level from the blood that was measured by using the respiratory measuring device, whereas the blood level measured by collecting blood is 0.125% of the blood level which is higher than 0.125%, and it is difficult to believe that the blood concentration level from the blood conducted by blood testing is 0.125%.

The argument is asserted.

In a case where the breath measurement by a breathr and the blood test by a blood test are different, it is a question of selecting evidence by the judge's free evaluation of evidence.

However, considering the circumstances that there is a problem in the accuracy and reliability of the result of the measurement in the case of a measurement by a respiratory tester, it is reasonable to view that the result of the measurement by a blood testing is more close to the alcohol concentration in blood at the time of the measurement than the breath measurement by the breath measuring instrument, unless there are special circumstances that make it difficult to believe that the result of the measurement by a blood testing, such as artificial manipulation in the process of blood collection or examination, or the error by the person concerned, etc., is involved in the blood collection or examination.