Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On November 9, 2012, at around 22:08, the Defendant driven a D Ecoo motor vehicle with a blood alcohol content of about 0.151% from around 50 meters to the front road of the above apartment store at around 22:10 on the same day from the front parking lot of the 363 Taecheon-dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (case of the application of the Tradmark);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel pursuant to Article 334 (1) of the Criminal Procedure Act asserts that the place where the defendant driven is not open to the public is not "road" as provided in the Road Traffic Act, and thus they do not fall under drinking

Article 2 Subparag. 24 of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010) stipulates, “The term “driving” means using a vehicle or horse on the road in accordance with its original purpose and use (including the operation).”

However, on July 23, 2010, Article 2 Subparag. 24 of the Road Traffic Act amended that "the term "driving" means using a motor vehicle or horse on a road (including places other than a road only under Articles 44, 45, 54(1), 148, and 148-2) according to its original purpose and use (including lighting)." On January 24, 2011, even if a motor vehicle, etc. under the influence of alcohol is used in a place other than a road according to its original purpose and use, the crime of violation of the Road Traffic Act (driving) was established.

Therefore, the above assertion by the defendant and the defense counsel is without merit.