Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

The Defendant asserted that around October 28, 2019, around 23:46, the blood alcohol level of the Defendant was 0.204% 0.204% of the blood alcohol level at the time of measuring alcohol alcohol level, and thus, the Defendant did not prove that the blood alcohol level of the instant case was 0.2% or more without any reasonable doubt.

However, in light of the following: (a) there is no objective evidence that could have been objectively known whether the Defendant was at the time of rise; (b) even based on the Defendant’s statement, an obvious rise period has passed as of the beginning point of drinking; and (c) the measured value is 0.204% exceeding 0.2% of the 0.2% of the 0.04% of the 0.2% of the 0.2% alcohol content of the Defendant’s blood alcohol content.

While under the influence of alcohol, the E-learning car was driven from approximately 2 km to the roads adjacent to the Seo-gu in Gwangju, Seo-gu, Gwangju to D.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reveals that the defendant was driven in the state of detention, that in the process, the vehicle was moving, etc., and there is a question as to whether the drinking driving is against the person under obligation to make a drinking, even at present.

However, the defendant is sentenced to a fine in consideration of the sentencing guidelines for drinking driving and the amount of the fine shall be set at the lower limit which has not been mitigated considering the above sentencing factors.