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 December 28, 2009, the Defendant issued a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Incheon District Court on November 19, 2012, to a fine of four million won as a crime of violating the Road Traffic Act at the Incheon District Court on November 19, 2012.

The Defendant departed from the road near the “Sacheon-gu Seoul Special Metropolitan City Sucheon-gu Sacheon-dong,” and operated approximately 100 meters of alcohol level 0.051% in blood, while under the influence of alcohol level 0.051% in front of the road of the same Gu, the Defendant was driving the hurbed vehicle B, one of his father-owned vehicles.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the result of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol and a report on the situation of driving alcohol;

1. Previous conviction: Inquiry of criminal history, investigation report (verification of the same record as the defendant), and application of each summary order Acts and subordinate statutes;

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

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 of the Provisional Payment Order / [The Defendant comes to the rise of alcohol concentration in blood while measuring the alcohol at the time of the measurement of the instant drinking, and thus, the actual blood alcohol concentration does not constitute 0.051%.

The argument is asserted.

According to evidence, the time discovered by the defendant while driving a drinking is between around 23:4 of March 7, 2017 and 23:50 of around 23:50 and the measurement of drinking of this case was conducted around 23:54.

In addition, since the Defendant conducted a drinking test after 20 minutes or more after the final drinking time, it appears that there was no alcohol remaining in the Defendant’s drafting, and that there was no objection against the result of drinking at the time of the instant drinking test.

As such, if the defendant was under the influence of alcohol and was under the influence of alcohol measurement, and there was no especially any factor that could affect the result of the influence of alcohol consumption, the driving time is different.