Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, he shall be 100.

Punishment of the crime

On December 10, 2016, around 22:34, 2016, the Defendant appears to be clearly erroneous in the evidence submitted by the prosecutor, “On December 11, 2016, around 00:03,” and the Defendant’s rectification ex officio is recognized as having no impediment to the Defendant’s exercise of the right to defense.

While under the influence of alcohol concentration of 0.05% in blood, the car volume has been driven from the D golf course parking lot in Seocho-gu Seoul Metropolitan Government to approximately 400 meters in the section of about 400 meters in front of the same Gu E.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The defendant and defense counsel's assertion and judgment of each monetary record and text records

1. On December 10, 2016, the Defendant was finally under drinking at around 22:30, and completed driving at around 22:34, and on December 11, 2016, when approximately 90 minutes have elapsed, the blood alcohol level was measured with a respiratory measuring instrument at around 00:03, and the numerical value was 0.067%. Since the Defendant was at the stage of the increase in the blood alcohol concentration from the time of driving until the blood alcohol concentration was measured, it cannot be readily concluded that the blood alcohol concentration at the time of driving is above 0.05%.

2. Determination A) In a situation where it is difficult to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of time of raising alcohol level in blood transfusion, the alcohol concentration in blood measured at the time when the driving was completed and when a considerable time has passed from the time when the driving was completed has remarkably exceeded the standard of punishment.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that it reduces approximately 0.08% to 0.03% per hour (average approximately 0.015%). If the driving is completed, it falls under the rise period of alcohol concentration in blood.