Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On May 27, 2018, at around 22:21, the Defendant driven D Lasta car in the state of alcohol exceeding 0.1% of alcohol alcohol concentration on the 15km section from the front of the road located in Chungcheongnam-gun, Chungcheongnam-gun, Dook-gun, to the front of the direction of the Dook-gun, Dook-gun.

The facts charged in the instant case are that the Defendant driven under the influence of alcohol level 0.121%. However, as seen below, it may be deemed that the Defendant was under the influence of alcohol level 0.1% or more at the time of driving a vehicle, but it is difficult to recognize that the blood alcohol level was 0.121% or more on the sole basis of the evidence submitted by the Prosecutor, and there is no other evidence to acknowledge this differently.

(A) On the other hand, in light of the process of the instant trial, it is determined that there is no substantial disadvantage in the exercise of the defendant’s right to defense in light of the criminal facts as seen above, and thus, it should be recognized ex officio without being required to modify the indictment.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report and a description of photograph;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to notify results of drinking control;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act which choose the penalty, the selection of fines;

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

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant drives a vehicle at the same time and place as the stated in the facts charged in this case.

However, since the blood alcohol level was measured at around 23:13 on the same day after the end of 21:5 on May 27, 2018, which was the final drinking time, from around 78 minutes, at around 23:13, the alcohol level was measured at the time, and the alcohol level was measured after the lapse of 22:21 on the same day as the final driving time.

Therefore, the defendant is therefore.