1. Defendant shall be punished by a fine of 2,000,000 won;

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

Punishment of the crime

On March 24, 2017, under the influence of alcohol level of 0.106% among blood transfusion around 01:00, the Defendant driven a car with approximately 50 meters of 50 meters to the upper end of the marketing Korea’s age club located in the same Gu and located in the Gu, Suwon-gu, Busan.

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

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

1. Determination on the Defendant’s assertion of Articles 70(1) and 69(2) of the Criminal Act with respect to the confinement of a workhouse

1. The assertion is merely 0.083% of alcohol level of the blood when the Defendant calculated the volume of alcohol, and the Defendant’s blood alcohol level exceeds 0.1% of the charges.

It shall not be readily concluded.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

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 individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed due to the increase in the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

Even if such circumstance alone, the alcohol concentration at the actual time of driving exceeds the standard value of punishment.