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

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

Punishment of the crime

On October 3, 2015, the Defendant driven D’s 12km section from the citizens’ village located in the Dong-dong in Ulsan-gu, Ulsan-gu, to the front distance of military units located in the same city-dong from the citizens’ village located in the same city-dong with a alcohol content of not less than 0.05% but less than 0.10% among blood transfusions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to the consent to blood collection, and the written appraisal of alcohol during blood transfusion;

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

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The head of the State defendant and his defense counsel had time interval between the defendant's driving and the respiratory measurement, and when considering the timing of drinking, etc., the alcohol concentration at the time of blood was increased, and thus, it cannot be deemed that the alcohol concentration at the time of the respiratory measurement cannot be deemed as the result of the exhibition, and thus, the defendant was under the influence of alcohol with a alcohol content of not less than 0.05% in blood.

I argue that there is no evidence to determine the person.

2. Where the distance between the time when the person drives a single alcohol driving and the time when the alcohol concentration in the blood is measured and the time when the person seems to rise the blood alcohol concentration;

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 is the interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the hours during which drinking continues, the amount of drinking, the behavior aspects of the driver at the time of the measurement, and the traffic accident.