Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 27, 2016, the Defendant driven C Lasta car with a alcohol content of at least 0.05% from around 05:23, Daegu Dong-gu, Daegu-gu, to the front road of 223, Dong-dong, Dong-ro, Taedog, approximately 5km, to the front road of Taedog-ro 223, Dong-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The 112 reported case processing department, investigation report, report on the situation of the driver at the main place, report on the measurement and use of drinking alcohol, correction certificate, statement of the occurrence of traffic accidents, investigation report (the above mark) and report on the detection of the driver at the main place;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on actual condition investigation, a written estimate, a criminal investigation report (related to the parking status of damaged vehicles), and a suspect's accident report;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. At the time of measurement by the Defendant’s summary of the alcohol measuring instrument, alcohol concentration in the Defendant’s blood was 0.047%, and its numerical value exceeds 0.05% due to the application of the aforementioned dmark conversion formula.

Since police officers at the time were not informed at all of the application of the aforementioned dmark conversion formula or the measurement of blood collection, the crime of this case cannot be recognized.

2. In the case of a driving of the relevant legal doctrine, unless it is possible to examine a driver's blood or pulmonary sample before driving and measure his/her alcohol concentration in blood, the alcohol concentration in blood at the time of driving can be presumed as a result of a veterinary method using the so-called dmark formula.

At this time, using the reverse calculation method in the above rare formula, the alcohol concentration is based on the blood content measured after a certain time from the specific driving point of time and is calculated according to the reduced value due to the decomposition and extinction of alcohol during the time involved.