Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is a person who drives a passenger car in C.

On October 15, 2016, the Defendant driven around 500 meters before the police box in front of the traffic patrol box located in the same Dong while under the influence of alcohol content (the result of blood collection) 0.198% during the blood transfusion (hereinafter referred to as the "blood") on October 15, 2016.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A report on the detection of a primary driver;

1. Application of consent to blood collection, the Acts and subordinate statutes of response to requests for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 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 on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument against the defendant is 0.198%, which is a politics measuring the alcohol concentration among the blood of this case, measured in the blood, and is also larger than the numerical value by the repulmon measurement method previously conducted. Thus, the defendant should be acquitted.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.08% and 0.03% per hour (average 0.015%) are reduced by 0.08% per hour. If the driving is completed, if the blood alcohol concentration is in the rise season, it is more than the blood alcohol concentration actually measured.