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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On October 24, 2013, at around 23:27, the Defendant, as a B driver, driven approximately 1km from the Seoul Geumcheon Digital Group to about 700, Guro-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A written consent to the collection of blood, a request for appraisal of blood alcohol concentration, and a request for appraisal;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. When the alleged defendant collected blood, 90 minutes of blood alcohol concentration has not elapsed since he / she performed blood collection. Considering the quantity of math alcohol, it is unreasonable to punish the defendant according to the blood collection measurement value on the grounds that the pulmonary measurement value is more accurate and excessive.

2. Even in cases where the distance between the time of drinking alcohol driving and the time of measuring the blood alcohol concentration appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

In such cases, whether it was above the standard value of punishment even at the time of driving shall be determined in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, and the situation of the accident if there was a traffic accident.