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 October 27, 2018, the Defendant, while under the influence of alcohol with 0.056% of alcohol concentration around 23:20%, driven a F A6 car at a section of approximately 200 meters from the front of the restaurant in Gangnam-gu Seoul Metropolitan Government “C” to the front of the E hotel in the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to a investigation report (verification of departure points and address, and driving distance specified);

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The measurement of the Defendant’s blood alcohol level was conducted within 90 minutes from the Defendant’s final drinking. Since the above measurement timing is when the Defendant’s blood alcohol level increases, it cannot be deemed that the blood alcohol level was 0.05% or more at the time of the Defendant’s driving.

2. Determination

A. Even if the distance between the time of driving and the time of measuring the blood alcohol concentration and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment threshold.

In such cases, whether a person can be deemed to have been above the standard level of punishment even at the time of driving shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the degree of traffic accident, the circumstance of the accident, and the circumstances.

(See Supreme Court Decision 2013Do6285 Decided October 24, 2013, etc.).