Defendant shall be punished by a fine of KRW 3,500,000.

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

Punishment of the crime

On December 23, 2016, the Defendant driven a Bi30 vehicle at a section of about 100 meters from the mutual influence parking lot located in the Seo-gu Daejeon Metropolitan Government to the proton road located in the same Dong, while under the influence of alcohol content of 0.108% during blood transfusion at around 22:25.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Report on the state of driving under the liquor (the prosecutor charged the charge by stating 0.194% of the depositee measured by blood collection in the instant indictment as alcohol concentration during blood.

However, on December 23, 2016, when the defendant's driving was completed, the point of time is about 22:32, when the alcohol was reduced by the enforcement officer, and when the alcohol concentration in blood was measured by 0.194% by collecting blood at the defendant's request, the point of time when the defendant's driving was measured by 0.194% is about 22:50 on the same day when the 18 minutes passed thereafter.

Generally, between 30 minutes and 90 minutes after drinking, the alcohol concentration in the blood remains the highest level, and thereafter, it is known that it reduces approximately 0.08% from 0.08% to 0.03% per hour (average approximately 0.015%). Thus, the Defendant’s ground that the blood concentration in the blood measured by blood collection in favor of the Defendant was higher than the pulmonary blood concentration in the blood, which was measured from 22:32 on December 23, 2016 to 22:50 on the same day, cannot be ruled out that the Defendant’s final operation date of the Defendant’s blood concentration was lower than 194% on the same day.

Other evidence submitted by the prosecutor alone is sufficient to exclude the judge's reasonable doubt as to the fact that the amount of alcohol concentration in the blood of 22:32 on the same day as the time the drinking of this case is driving 0.194%.

shall not be deemed to exist.

Meanwhile, according to evidence, since the fact that the defendant's alcohol concentration in blood on December 23, 2016 when driving is 0.108% is sufficiently recognized, the defendant does not have any influence on the establishment of a crime of violating the Road Traffic Act (driving).

Defendant’s defense.