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 March 30, 2013, at around 22:44, the Defendant driven a car with Csch Rex tons in the state of alcohol alcohol concentration of about 0.141 percent from a section of approximately 300 meters from the front parking lot of the Chuncheon, Samcheon-dong, Samcheon-dong to the front of the Dong Gangnam-dong autonomous crime prevention unit.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Judgment on the defendant and his defense counsel's assertion after drinking driving control

1. The main point of the assertion is that the Defendant’s production of blood alcohol content measured by the Defendant was conducted without sufficiently giving the Defendant an opportunity to recover from his/her place of manufacture at the time of measuring alcohol content so that the Defendant cannot guarantee the accuracy and objectivity. Therefore, the above numerical value cannot be recognized.

2. The result of the measurement of alcohol conducted under the provision of Article 44 (2) of the Road Traffic Act can serve as the basis for a disadvantageous disposition against the driver, such as cancellation or suspension of the driver's license, according to the result, and it can be used as an important evidence in future investigation and trial. Thus, the measurement of alcohol shall be conducted in accordance with the fair method and procedure that guarantees the accuracy and objectivity of the result of measurement, and if the result of the measurement of alcohol is not obtained in accordance with such method and procedure, it shall not be easily admitted as evidence of guilt.

In particular, since the measurement of the blood alcohol concentration by the pulmonary measuring instrument is conducted by absorbing in the breath in order to measure the breath emission of blood into the pulmonary air by emitting the breath, thereby not exceeding a considerable period of time from the final drinking time, or due to the use of tweto, earth and sand, stove scrap metal, oral croto, and oral cryp agents, etc., remaining in the breath in the breath, alcohol content in the mouth with alcohol content, the breath in the breath, blood on the upper part, etc. are discharged from the breath.