Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

At around 00:40 on July 11, 2013, the Defendant driven a FFD car from the 1km section from the road on which it is impossible to find out the Seoul Mapo-gu Joint-dong Location at around 0.085% of blood alcohol concentration to the road in front of 397-5.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of witness G;

1. The circumstantial statement of the employee;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that, on July 11, 2013, when the alcohol measurement of the instant case was conducted, the control police officer conducted a breath measurement using the respiratory tester even though 20 minutes have not elapsed from 00:30 minutes at the time of final drinking, and that the control police officer’s measurement cannot be deemed as evidence of guilt when the remaining alcohol in the mouth remains in the mouth.

However, according to the National Police Agency's guidelines for traffic control of the National Police Agency, "A drinking inspector shall check the driver's use of similar alcohol, such as final drinking time and oral drinking, at the time of the measurement of drinking, and prevent the excessive measurement of remaining alcohol in the mouth (20 minutes from the date of the alcohol flow in the mouth)." As alleged by the defendant, even if the measurement was conducted at the time 20 minutes have not passed from the final drinking time, according to the witness G's testimony and investigation record No. 4th of the record of the investigation, G, a controlling police officer, provided the driver the opportunity to be able to suffer from water to the defendant, and accordingly, it appears that the defendant's preparation was made on the water, and then led to the measurement of alcohol after taking the procedure to put him into place.