Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 25, 2017, at around 05:51, the Defendant operated C A6 car under the influence of alcohol content of about 0.118% in front of the Samsung Life Insurance building located at the center of the same Dong, as the center of the Gu, from around 200 meters in front of the Samsung Life Insurance Co., Ltd. at around 05:51 on June 25, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the circumstances of the driver involved in driving;
1. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant and his/her defense counsel's assertion that he/she could not trust the amount of alcohol to the defendant since the defendant used the oral clean system before the measurement of alcohol. However, in other words, the defendant's assertion of the defendant and his/her defense counsel is without merit in light of the following facts: ① the defendant was deemed to use the oral clean system for about about 10 minutes from the date it was not immediately before the measurement of alcohol; ② the measurement of alcohol to the defendant was conducted after his/her place of business for which the defendant was suffering.
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;