Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Punishment of the crime

The defendant is a person who drives a passenger car in B by re-regulation.

around 00:16 on May 26, 2012, the Defendant considered “00:16 as stated in the facts charged,” so, the Defendant driven the said car from around 200 meters at a distance of about 128-10 meters from the roads of Yongsan-gu Seoul, Yongsan-gu, Seoul to the roads of about 100-2, while under the influence of alcohol with 0.052% of the corrected blood alcohol concentration.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement regarding C;

1. Notification of the results of the drinking driving control, the circumstantial report on drinking drivers, and the application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. The defendant's assertion of Articles 70 and 69 (2) of the Criminal Act on the confinement in the workhouse asserts that, within 20 minutes from the time he/she ends drinking, he/she has taken a drinking test and measured the excessive drinking alcohol by alcohol remaining in the mouth.

The measurement of the blood alcohol concentration by the pulmonary measuring instrument is conducted by measuring the pulmonary measuring instrument so that the alcohol that is melted in blood is emitted through the pulmonary air when it was absorbed into the body while it was emitted through the body. Thus, in a case where a considerable time has not elapsed from the final drinking time, or where the alcohol remaining in the body due to the use of telim, earth, stove, dental iron, oral mouth with alcohol ingredients, and the blood on the upper part of the body are measured together with the pulmonary air discharged in the body, it can be found that the blood alcohol concentration by the pulmonary measuring instrument is higher than the actual blood alcohol concentration. Thus, it is impossible to readily conclude that the blood alcohol concentration by the pulmonary measuring instrument is the same as that of the blood alcohol concentration by the pulmonary measuring instrument without entering the body as water.