Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On January 30, 2017, around 03:30, the Defendant driven a car about 5 meters owned by the Defendant while he was under the influence of 0.149% alcohol concentration in the blood in front of Seowon-gu B and C Et, Seowon-gu, Cheongju-si.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Inquiry into the results of crackdown on driving alcohol and the details of crackdown;

1. The Defendant, at the time of committing the crime, was found to have no intention to drive drinking, on the ground that the above vehicle was driven in a 5-meter radius without any yellow dust while putting the vehicle in a string, waiting for an acting driver, and thus, the Defendant had no intention to drive drinking.

However, in light of the evidence duly admitted and examined, the plaintiff's assertion is not accepted since the plaintiff intentionally driven the vehicle under the influence of alcohol in consideration of the following circumstances: (a) the defendant's vehicle is changing from the parking fright to the driving fright; (b) the defendant's vehicle is changing from the parking fright to the driving fright; and (c) the defendant's vehicle is not at the seat of the vehicle; and (d) it seems that it is unlikely for the vehicle to drive frightly.

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;