Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who drives a C-A-Wurd-Wurt Motor Vehicle.

The Defendant, while under the influence of alcohol content of 0.216%, driven the above vehicle at a section of about 2 km from the front of the restaurant to the front of the Masan-dong in the Msan-si, Changwon-si, a fishing gear with which the trade name in the male Dong cannot be known, at around 01:50 on August 7, 2013, was operated from the front of the restaurant to the front of the Msan-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of the driving of a motor vehicle;

1. Making a report on the control of drinking driving;

1. Requests for appraisal of blood alcohol concentration, appraisal of alcohol concentration, and electronic documents in an appraisal report;

1. Statement on circumstantial statements of a driver of the driving school;

1. The defendant and his defense counsel's assertion on the report of detection of drinking drivers (digitalized documents) and his defense counsel asserted that since the defendant's blood collection had not passed 90 minutes since he had taken blood, the blood alcohol concentration increase rate, and the difference between the respiratory measurement value and the blood collection measurement value is abnormal and the defendant's blood collection measurement in light of the amount of drinking alcohol is too high, it should be viewed that the amount of drinking alcohol by the pulmonary measurement value is correct.

Even if the blood alcohol concentration between the time of drinking driving and the time of measuring the blood alcohol concentration and the time seems to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

In such a case, the issue of whether the level of punishment was above the level of punishment even at the time of driving, the difference between the time between the driving and the measurement, the difference between the measured level of blood alcohol concentration and the punishment standard value, the continuous time and drinking, the driver's behavior level at the time of the measurement, and the situation of the accident if there was a traffic accident, etc.