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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing B.

On December 14, 2011, the Defendant driven a approximately 5 kilometer from the Gangnam-gu Seoul Defendant Company to about 1451 Seocho-dong, Seocho-gu, Seoul, while under the influence of alcohol 00:17, the blood alcohol level of 0.255%.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement of drinking driver;

1. Application of Acts and subordinate statutes to the place where drinking control work is performed, such as the inspection report on the occurrence of the case, the inspection report on the results of the control of drinking driving, the report on the state of drinking driving, the confirmation of blood collection of drinking drivers, the certificate of driver's license, the register of vehicle driving licenses, the notification of the results of drinking control

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

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant recognized the fact of driving alcohol. However, at the time of the drinking control in this case, the police officer notified the Defendant that the blood alcohol level of the Defendant was 0.025%, and the Defendant failed to verify the blood alcohol level of the drinking measuring instrument, and thus, the Defendant cannot recognize the drinking alcohol level of 0.25%.

On the other hand, the following circumstances, which are considered to have been comprehensively adopted and investigated by this Court, are not accurately seen as a drinking measuring instrument number in the investigation records of the drinking measuring instrument used by the Seoul Seocho Police Station.

According to the details of the use of the foregoing alcohol measuring instrument, there is a person who was under the influence of alcohol on December 14, 201 at 00:17 blood alcohol level of 0.255% as the result of the measurement of the above alcohol measuring instrument, and according to the Seoul Seocho Police Station's working day of the Seoul Seocho Police Station, the Defendant was controlled on December 14, 201 at 00:17 "0.25% of the measured values" (No. 255% of the measured values) and also on the same day to the Council of the Regulatory of Drinking Driving on the same day.