Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On April 19, 2015, at around 00:10 on April 19, 2015, the Defendant driven a DNA car with a alcohol level of at least 0.05% alcohol level from the Domine Park-gun, the Cheongcheon-gun, the Cheongcheon-gun, to the 1st way.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual survey report and on-site photographs;

1. A traffic accident report;

1. Determination of the defendant and defense counsel's assertion of the notification of the results of the drinking driving control and the report on the circumstantial statement of the drinking driver

1. The gist of the assertion is that the Defendant was driving and was breathed (0.64% as a result of the measurement) after a considerable time has elapsed, and that the difference between the final drinking time and the driving time is merely 10 minutes and thus it cannot be determined whether the blood alcohol concentration at the time of driving, or whether it is a mouth, cannot be determined whether the blood alcohol concentration at the time of driving. Thus, it cannot be deemed that the blood alcohol concentration at the time of actual driving reaches 0.05% or more, which is the standard for punishment.

2. In a situation where it is impossible to determine whether the time of driving under the influence of alcohol is the point of increase in the blood alcohol concentration or the point of lower lectures, even if the blood alcohol concentration measured at a time when a considerable time has elapsed from the time when driving was completed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and it is generally known that the blood alcohol concentration between 0.008% 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 belongs to the rise in the blood alcohol concentration, it is likely that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, even though the driving point and the blood alcohol concentration are measured, there is an interval between time and time, and at that time, the alcohol concentration in blood is increased.