Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On September 14, 2015, the Defendant driven Cho-do in the state of alcohol alcohol concentration of 0.051% at the 50km section from the French-ro (hereinafter referred to as the “Sho-si”) around 18:20 on September 14, 2015 to the roads 147 in Seongbuk-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement report on the situation of a driver under driving, inquiry of the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to report the calculation of alcohol concentration during blood;

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. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that, at the time of driving, the alcohol content in blood was at least 0.05%, which is the statutory standard value.

It argues to the effect that it cannot be concluded.

2. Determination

A. According to evidence, the following facts are acknowledged:

① The Defendant stated at an investigative agency that “dices and drinks drinks at the construction site of the Jeju Jeju Jeju Got City, which was at the time of sallling around September 14, 2015,” the Defendant stated to the effect that “dices and drinks drinks.”

② At around 16:00 on the same day, the Defendant was exposed to police officers controlling drinking driving on around 18:20 on the same day while he/she was living in Seoul, leaving a city for vision by driving Cchip car on the same day.

③ On the same day, the Defendant measured alcohol content among the blood with a pulmonary measuring instrument with light to 18:25 on the same day, and that 0.051% on the same day.

B. In light of the following circumstances revealed based on the above facts and evidence, it is reasonable to view that the defendant's blood alcohol concentration at the time of driving reaches more than 0.05%.

① Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest value, and thereafter, it is generally known that approximately 0.08% per hour to 0.03% per hour (average approximately 0.015%) has decreased.

If so, the time when the alcohol concentration of the defendant's blood was measured is 90 minutes after drinking, and the blood alcohol concentration is lowered.