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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who drives a cat 100 Oral cat without a license plate.

The Defendant, without purchasing a mandatory motor vehicle insurance (liability insurance), driven the above dives on January 2, 2012 from the beginning of January 201 to June 2, 2012, at the vicinity of the Cheongju-si C Aggregate Screening Line, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant legal provisions and Articles 46 (2) and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012) concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is around 12:40 on June 2, 2012, the Defendant driven a 100-to-be cat 100-to-be cat without a license plate in the state of being 0.151% of blood alcohol content, from the inside of the entrance of the Cheongju-si C Aggregate Screening Complex, up to approximately one kilometer from the vicinity of the above aggregate sorting line.

2. Determination

A. Since the blood alcohol concentration after drinking the relevant legal doctrine changes depending on time’s flow, in light of the fact that the blood alcohol concentration, which forms the basis for criminal punishment due to driving under drinking, ought to be the blood alcohol concentration at the time of driving under drinking, in a case where the blood alcohol concentration at the time of measuring after a considerable time has elapsed from the time of driving under drinking, it cannot be readily concluded that the blood alcohol concentration at the time of measuring alcohol level is the blood alcohol concentration at the time of driving under driving under the relevant law

Although there are several individual vehicles, blood alcohol concentration is up to the highest value after the lapse of 30 to 90 minutes after drinking. If the blood alcohol concentration at the time of drinking driving falls under the situation where blood alcohol concentration towards the highest value or it is impossible to determine whether it falls under the situation where the blood alcohol concentration at the time of driving is being raised, and if it is difficult to determine whether it falls under the situation where the blood alcohol is being lowered after the lapse of the highest value, it is measured after a considerable time from the time of driving.