Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On January 6, 2015, at around 05:10, the Defendant driven C TdraXG car volume from the front door of office in the vicinity of the Jinwon Syking, which was under the influence of alcohol of 0.148%, to the front of the same city road from the front door of office to the same city road.

Summary of Evidence

1. Partial statement of the defendant;

1. State and water appraisal statement, and report on detection of drinking drivers (blood collection) asserted that among evidence submitted by a prosecutor, the state and appraisal statement, and report on detection of drinking drivers (blood collection), among evidence submitted by a prosecutor, are prepared by measuring blood collected by an investigative agency without the defendant's consent, and thus, they are inadmissible as evidence. However, according to the evidence duly adopted and examined by this court, the defendant was sent to an emergency department in the Han River Hospital immediately after the traffic accident, i.e., the defendant was sent to the above hospital, and it was difficult for a police officer D, who was in charge of the above accident, at the time of arrival of the above hospital, to measure drinking by the respiratory. However, it was difficult for the defendant to measure the alcohol to take advantage of the above hospital. In light of the fact that D asked the defendant to consent to blood collection, and the nurse of the above hospital was present at the time, the defendant's allegation that blood collection was legitimate or that it was possible for the defendant to take advantage of the body or the police officer's consent to it. Accordingly, the defendant's defense at the above was justified.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;