1. The defendant shall be punished by a fine of one million won;

2. 100,000 if the defendant does not pay the above fine.

Punishment of the crime

On August 4, 2014, around 22:35, the Defendant driven CK5 vehicle under the influence of alcohol with approximately approximately KRW 500 meters from the front day of the Kui-dong 286-35, Chungcheongnam-gu, Yangju-si to the front day of the Kui-dong Geum-dong, Yangju-dong to the front day of the Kui-dong, Seodong-dong.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The Defendant and his defense counsel’s assertion of the provisional payment order against the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that since the Defendant did not have any place to put in water and performed a pulmonary measurement method, it cannot be readily concluded that the blood alcohol concentration at the time of driving is 0.05% as a result of pulmonary measurement.

However, in full view of the fact that the police officer directly signed by the defendant and the control police officer D's legal statement stated that the police officer was faced with water even according to the defendant's statement, and that the police officer was faced with water, the defendant can recognize the fact that the police officer was faced with water before the drinking test in this case.