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

On May 17, 2016, the Defendant driven CK5 vehicles with approximately KRW 7 km from the Soyang-gu Pakdong to the same Goyang-ro 259-19 U.S., in a state of alcohol alcohol concentration of 0.148% during blood transfusion at around 03:37.

Summary of Evidence

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

1. A traffic accident report;

1. Response to a request for appraisal;

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

1. The Defendant asserts to the effect that the blood alcohol concentration in the blood was increased due to the pharmacologic conducted in an emergency room at a hospital after having paid a traffic accident due to driving of the instant drinking, and that the blood alcohol concentration in the blood was measured through blood collection while being treated in the emergency room at a hospital.

However, according to the letter of reply of the National Institute of Scientific Investigation (as of February 17, 2017) of the Korea Institute of Biological Research (as of February 2017, 201), the Defendant’s drugs administered in the above emergency room at the time of collecting the blood can be known to the fact that they are physiological chlorates and chloratesidines. The Defendant’s assertion on this part is not acceptable, since the Defendant’s blood alcohol concentration is difficult to be deemed to be higher due to the administration of the above two drugs, since the Defendant’s drugs administered in the above emergency room at the time of collecting the blood, are not materials that may cause a rise in alcohol concentration in blood until the collection of blood by the Defendant’s blood collection.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;