Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On July 11, 2018, at least 01:10, the Defendant driven B K5 vehicle from the Seo-gu Office located in Seo-gu, Seo-gu, Busan to the front of the Sigyeong-dong in the same city, while under the influence of alcohol of at least 0.05% and below 0.1%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Part of each report on the results of the drinking driving control, notification on the results of the drinking driving control, report on the state of drinking drivers, and investigation report (report on the state of drinking drivers);

1. Application of the Acts and subordinate statutes attached to photographs;

1. Article 148-2 (2) 3 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On July 11, 2018, the Defendant, while drunk around 01:10% of blood alcohol level, driven B 5 km from the Seo-gu Office located in Seo-gu, Seo-gu, Seo-gu, Busan to the front day of Singu, Seo-gu, Seo-gu, Busan, with approximately 5km of 5km in front of Singu.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise point or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time after the completion of the operation exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, it is likely that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.