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

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

Punishment of the crime

The defendant is a person who drives B automobiles.

On May 15, 2011, the Defendant driven the said vehicle in the state of 0.102% alcohol concentration on a snicked hotel, which is located in the deep-si in the Gu, Sinsi, Sinsi, Sinsi, and in front of the hotel.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on detection of a drinking driver, a report on the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to the investigation report (Application of the Tradmark);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order is asserted that the blood alcohol concentration of this case calculated in accordance with the Badmark formula cannot be recognized.

If it is not possible to measure the blood alcohol level by examining the driver's blood, pulmon and other samples immediately after driving, the blood alcohol level at the time of driving can be presumed as a result of a veterinary method using the so-called Hemark formula. In this case, the blood alcohol level at the time of driving can be calculated based on the reverse acid formula, which is measured after a certain time from a specific driving point of time, and the addition of the blood alcohol concentration at the time of driving after the driving calculated based on the decrease in the decomposition of alcohol during a time-based alcohol level, such as the degree of normal alcohol, physical quality, drinking speed, the degree of physical activities after drinking, etc. of the driver, but the time-based decrease at 0.03% from 0.08% from the point of time after driving is recognized as reliable by the aforementioned methods.