Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a person who drives a low-speed car.

On August 3, 2019, at around 22:23:23, the Defendant driven the said vehicle from the Daegu Dong-dong Innovation City to about 1 Km from the 340-1 inner school of the same Dong-dong to the 340-1 inner school of the same Dong-dong under the influence of alcohol level of 0.091%.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to report on detection of suspected victims of violation of the Road Traffic Act;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion against the defendant under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order and his defense counsel asserted that the blood alcohol concentration level measured by the initial respiratory measurement method was measured at 150,000 after drinking 20 minutes before it takes the remaining alcohol level in the mouth, and that such a numerical value cannot be recognized since the blood alcohol concentration level measured by the initial respiratory measurement method was not properly able to be seen as a part of the blood alcohol level at the time of driving because the blood alcohol content level measured by the initial respiratory measurement method was 20 minutes before it takes the remaining alcohol level in the mouth, and such a numerical value cannot be seen as a blood alcohol level at the time of driving since there was an interval

However, according to the police interrogation protocol of the defendant, the situation statement of the driver, and each case of the drinking driving control council, the police officer in charge of drinking control provided the defendant with an opportunity to be able to be able to be able to suffer water from the defendant, and accordingly, the defendant is deemed to have conducted a drinking test while taking measures to prevent excessive measurement due to alcohol remaining in the mouth, since the defendant was able to have been able to be able to be able to be able to be able to be able to suffer water from the defendant.