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

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

Punishment of the crime

On November 4, 2016, the Defendant driven a Bbeer or a car from the front side of the “Do Party” road located in the Hong-dong in the Scar-si, Scar-si, Hong-si, under the influence of alcohol level of 0.065% among blood transfusions around 00:20 on November 4, 2016 to the front side of the restaurant located in the same City, Sejong-ro 492.

Summary of Evidence

1. Notice of driving under drinking (Notification of the result of regulating driving under drinking);

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 and the selection of fines concerning facts constituting an offense;

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

1. The Defendant’s assertion and determination of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires the measurement of alcohol concentration in blood obtained from blood as a result of the measurement of pulmonary alcohol concentration. However, the police officer demanded a police identification card to the police officer immediately before blood collection, but the police officer did not present a police identification card. This is unlawful.

Therefore, since there has been an error of law regarding the measurement of alcohol concentration in the blood of the defendant, and the measurement of alcohol concentration in the blood of the defendant against the defendant is unlawful as a whole, the result of the measurement of alcohol concentration in the blood from respiratory shall not be considered as evidence of guilt.

“,” asserts to the effect that “.

Article 44 of the Road Traffic Act shall be prohibited from driving a motor vehicle under the influence of alcohol.

“BA police officer who drives a motor vehicle, etc. under the influence of alcohol, in violation of paragraph (1), if the police officer deems it necessary to ensure the safety of traffic and prevent danger.

If there is a considerable reason to designate a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

"A driver who is dissatisfied with the result of the measurement under paragraph 2" and "A driver who is dissatisfied with the result of the measurement under paragraph 2 shall collect blood with the consent of the driver.