Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On December 5, 2017, at around 23:15, the Defendant driven a vehicle with low alcohol level of at least 0.05% in the blood alcohol level from around 10 Km to the front road of Seongdong-gu Seoul Metropolitan Government, on a road where it is impossible to know the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu Seocho Island.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a survey report on actual condition, the history of drinking measuring instruments, the statement of the situation of a driver of alcoholic beverages, and the report on detection of a driver of alcoholic beverages;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement in the workhouse [the defendant and his defense counsel] was not less than 0.05% of alcohol concentration in blood at the time of driving the instant drinking;

The argument is asserted.

When there is an interval between the point of time and the point of time of measuring the alcohol concentration in the blood and the point of time, and the point of time seems to increase the alcohol concentration in the blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol content and the standard value of punishment, the hours during which drinking continues, the amount of drinking, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident, if there is a traffic accident, etc. (Supreme Court Decision 2013Do3360 Decided June 12, 2014). Comprehensively taking into account the following circumstances acknowledged by evidence duly adopted and investigated by the court, the Defendant was under the influence of alcohol level of at least 0.05% during driving:

may be seen.

(1) The defendant's final driving time is 23:15 square meters, and 52 minutes thereafter.