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

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

Punishment of the crime

The defendant is a person who drives B physical man.

around 23:03 on September 23, 2013, the Defendant driven approximately 1 km from the new forest distance in the Gwanak-gu in Seoul Special Metropolitan City to the old end of 953, Geumcheon-gu, Seoul, while under the influence of alcohol content of 0.050%.

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. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice 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 asserts that the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is difficult to readily conclude that the Defendant’s blood alcohol concentration is more than 0.050% when considering the date and time stated in the facts constituting a crime, the fact that driving of a vehicle under the influence of alcohol at a place, or the scope of the error in the pulmonary measuring machine

In light of the records, the defendant's pulmonary measuring instrument used for the breath measurement was lawfully corrected on September 10, 2013 with 400Plus (equipment No. E83248) produced by Raths, and the breath measurement instrument is corrected to indicate that the degree of 5% of the breath at the time of correction is lower than the actual alcohol concentration. Even when considering the error of the defendant's assertion, the breath measurement by the above breath measurement instrument constitutes 0.05% higher than the blood alcohol concentration under the Road Traffic Act, the defendant's assertion is rejected.