Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On 23:15 on 30, 2020, the Defendant revised part of the facts charged to the extent that the identity of the facts charged is recognized, and that part of the facts charged is not infringed on the Defendant’s defense, from the section of approximately 500 meters of alcohol content at least 0.2% of blood, from the front side of the Sin-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si,

F Ethmp car was driven while under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The Defendant and his/her defense counsel asserted that it is insufficient to prove that the Defendant’s blood alcohol concentration was 0.256% since he/she measured drinking after 23 minutes from the end of driving. Thus, it was insufficient to prove that the Defendant’s blood alcohol concentration was 0.256%.

When there is an interval between the point of time and the point of time of measuring the alcohol concentration in the blood and the point of time, and the point of time seems to increase the alcohol concentration in the blood.

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 ought to be reasonably determined in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the interval between driving and measurement, the difference between the value of alcohol content and the standard value of punishment, the hours during which drinking is continued, the volume of driver’s behavior at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident, etc. (see Supreme Court Decision 2013Do6285, Oct. 24, 2013). The following circumstances recognized by the evidence duly adopted and investigated by the court, namely, ① the amount of 30 minutes to 90 minutes after drinking.