Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

Defendant

On February 19, 2017, while under the influence of alcohol content 0.091% among blood transfusions, Cone Star Passenger Car was driven from the Jeju-do Forest Eup located in the Jeju-si, to the same Eup-do 687, from the first road before water bath to the entrance of the forest market every day, at approximately 1km.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime even though he had the record of punishment for drinking in 2006 and 2007, and considering the alcohol concentration and driving distance in the instant blood, the amount of fine under the summary order is adequate.

Judgment on the argument of the defendant and defense counsel

1. The result of the Defendant’s measurement of the instant pulmonary and blood collection alone exceeds 0.05%, which is the penalty standard value at the time of driving.

shall not be deemed to exist.

2. Determination

A. In the case of the measurement of alcohol by a respiratory tester, there is a problem of accuracy and reliability of the measurement results due to the condition of the measuring instrument, measuring method, degree of cooperation between the other party, etc. Thus, barring special circumstances that make it difficult to believe the result of the measurement by blood gathering, such as artificial manipulation or interference by the related party in the process of blood collection or examination, it is consistent with the empirical rule to regard the measurement of alcohol close to the blood alcohol concentration at the time of the measurement rather than the alcohol measurement by the respiratory tester (see Supreme Court Decision 2003Do6905, Feb. 13, 2004, etc.). (b) Comprehensively taking account of the evidence adopted and examined by the court, the following facts can be acknowledged.

(i)..