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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 10, 2014, at around 22:34, the Defendant driven CM5 car under the influence of alcohol with approximately 500 meters alcohol concentration 0.078% from the front of the new forest street in Gwanak-gu, Seoul Special Metropolitan City to the front road of about 1525, Nam-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. The defendant's oral statement to the effect that "the fact that the blood alcohol level by the smoking measuring instrument is 0.078%" is recognized;
1. Each legal statement of witness D, E, F, and G;
1. The defendant and his defense counsel asserted that the defendant's blood alcohol concentration stated in the judgment is not trustable since he only 20 minutes of drinking alcohol, even though he did not make the defendant be drafted as water and the defendant's continuous request for blood collection is only 30 minutes of drinking water when the blood collection is taken, and the defendant's continuous blood collection is de facto deprived of his opportunity for blood measurement by giving up his blood collection measurement. The defendant's blood alcohol concentration is not trustable.
However, even before the instant case, the Defendant was found to have been aware of the fact that he had been under influence of drinking twice in 2002 (the revocation of license with blood alcohol concentration of 0.114%) and 2003 (the suspension of license with blood alcohol concentration of 0.07%) and had been under influence of drinking twice in 2003 (the suspension of license) and so, before the re-measurement was conducted. Considering the Defendant’s occupation of carrying out the work of transporting materials on the construction site, the Defendant’s driver’s license was essential. Thus, unlike the Defendant’s anticipated, if the blood alcohol concentration was measured high, it is natural to view that the Defendant demanded the re-measurement to be conducted by the control police officer immediately after the re-measurement
In addition, as alleged by the defendant, I am together with the company sitting at around 20:0 and after completion of the drinking place at around 22:26, I am again the total of 1st share per share.