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

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

Punishment of the crime

The defendant is a person who drives a vehicle B.

On February 27, 2018, while under the influence of alcohol content 00:48, the Defendant driven around 3 kilometers in front of the insular sea state in the middlewest-gu Do, Daegu, about 0.136%, the said vehicle was located in the center of the insular sea state in Daegu.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on the circumstances of driving under the liquor:

1. The defendant asserts that the response to a request for appraisal, a written appraisal, and a result of the fact of crackdown on the driving of alcohol is the correct 0.101% of the pulmon measurement measured at the time of driving alcohol.

In light of the empirical rule to deem that blood alcohol concentration at the time of blood alcohol testing is more adjacent to blood alcohol concentration at the time of measurement, such as artificial manipulation or interference by the person concerned in the process of blood collection or examination, unless there are special circumstances that make it difficult to believe the result of blood collection, in a case where the blood alcohol measurement by the pulmonary measuring instrument is inconsistent with the blood alcohol measurement by the pulmonary measuring instrument (see Supreme Court Decision 2003Do6905, Feb. 13, 2004). In other words, in this case, the blood alcohol concentration at the time of blood alcohol testing can be seen as falling short of the blood alcohol concentration at the time of blood alcohol testing (see Supreme Court Decision 2003Do6905, Feb. 13, 2004).

Application of Statutes

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