Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is a person who drives B rocketing another car.

On November 29, 2017, the Defendant driven the foregoing vehicle at a section of approximately 200 meters from the front side of the “mutual aesthetic restaurant,” located in the Songjin-gu, Jeondong-gu, Jeondong-gu, Seoul, under the influence of alcohol content of at least 0.05% among the blood transfusions, to the front side of the “D” and the front side of the “D.”

Summary of Evidence

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

1. Statement report on the situation of the driver at the main place and investigation report;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The application of Acts and subordinate statutes to a response to a request for appraisal and alcohol appraisal during blood;

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

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that when considering the fact that the alcohol concentration in the blood at the time was increased, it cannot be readily concluded that the Defendant’s blood content in the blood of the Defendant at the time of driving exceeds 0.05% solely on the basis of 0.059% of alcohol content in the blood that was derived after about 12 minutes from the time of driving.

However, in light of the following circumstances acknowledged by the evidence adopted earlier, the defendant can be recognized as driving under the influence of alcohol above 0.05% in blood, so the above assertion is rejected.

① On November 29, 2017, the Defendant dump the degree of illness by the period from November 29, 2017.

② On November 29, 2017, the Defendant: (a) was under the influence of alcohol at around 21:42 on the same day; (b) was measured by 0.059% of alcohol concentration in blood due to respiratory conducted around 21:47 on the same day.

③ On November 29, 2017, the Defendant’s blood alcohol concentration measured according to blood collection conducted around 22:05 on November 29, 2017 at the Defendant’s request was 0.08%.

④ As such, the Defendant’s amount of drinking alcohol and the point of time to regulate drinking.