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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

[Criminal Records] On April 26, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Changwon District Court on April 26, 201, and the said judgment became final and conclusive on May 5, 2017.

[2] On September 8, 2016, the Defendant was under the influence of alcohol content of 0.057% during blood in around 01:08, the Defendant driven a vehicle with CMW 530i at the front of the Central Hospital located in the city of Jinju, and driving the vehicle at a level equivalent to 100 meters prior to the roads prior to the Ginbong-dong in the same city of the city.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. A written statement of criminal intent, written consent to voluntary accompanying, and written confirmation;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and copy of the register of using a drinking measuring instrument;

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

1. A previous conviction in the judgment: The Defendant, at the time of the measurement of drinking alcohol, did not undergo legitimate procedures, such as making a police officer, at the time of the measurement of drinking water, given the Defendant a water to the Defendant and did not make him/her be subject to a direction-setting, and not investigating the passengers

Therefore, according to the evidence of the judgment, the defendant's assertion is not accepted, since the police officer D, prior to the measurement of drinking alcohol, gave water to the defendant before the measurement of drinking alcohol, thereby leading him to his actions, and there is no other circumstance that the procedure for the measurement of drinking alcohol was not legitimate.

Application of Statutes

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;