Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a person who drives a 108cc-wheeled vehicle.

On October 9, 2016, while the Defendant was under the influence of alcohol content of at least 0.05% but below 0.06% among blood transfusions, the Defendant driven approximately 1,500 meters of the above-wheeled vehicle from the Gwanak-gu Seoul Special Metropolitan City University Security Center to the underground parking lot for the same Gu E-style apartment on the roads near the Seoul Special Metropolitan City University Security Center.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions, a traffic accident occurrence report, a report on the detection of the driver involved in the primary driving, a statement of the circumstances of the driver involved in the primary driving and a control report;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion ① After the driving of the instant case, the Defendant dices one illness in front of the portrait of the apartment house, and thereafter dices two illness in the apartment store 205, which is the Defendant’s lodging house.

After that, according to the Repulmonary measurement conducted against the defendant, the alcohol concentration in the blood was 0.13% measured.

Therefore, the Defendant’s blood content among the bloods pertaining to 1 illness in front of the sentry at his/her expense is not deducted from the measured values of alcohol concentration in the bloods. However, the Defendant’s blood content among the bloods pertaining to 2 illness in a lodging room should also be deducted from the measured values of alcohol concentration in the bloods.

In such a case, the defendant was driving under the influence of alcohol with not less than 0.05% alcohol concentration in blood at the time of the instant case.

It is difficult to readily conclude.

② At the time of the instant case, the Defendant, at the instant time, made two hours more than that of the instant case. As can be seen, when the Defendant drinks alcoholic beverages, such as meals, compared to the time of drinking, the absorption of alcohol shall be delayed, and the alcohol level reaches the maximum amount.