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 June 28, 2014, the Defendant, while under the influence of alcohol more than 0.10% of blood alcohol content on 01:10 on June 28, 2014, driven C Costaex vehicle from approximately 200 meters to the front road of the motor vehicle registration office located in the same Dong from the back of the E-Do Do Do Do Trama” road.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, the results of crackdown on drinking driving, and the written appraisal of blood alcohol;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. The provisional payment order: Judgment on the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act

1. The point at which the blood alcohol content was measured against the Defendant cannot be acknowledged that the Defendant’s blood alcohol content was exceeded the punishment standard for driving, as the time when the Defendant measured the blood alcohol content from 30 to 90 minutes after drinking alcohol belongs to the blood alcohol concentration riseer. As such, the Defendant’s blood alcohol content at the time of driving cannot be acknowledged as being based on the result of the measurement (e.g., smoking measurement level: 0.23%, blood appraisal result: 0.218%).

2. Determination

A. Even if the distance between the time of driving and the time of measuring the blood alcohol concentration and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment threshold.

In such cases, the issue of whether a person can be deemed to have been above the standard value of punishment even at the time of driving shall be determined based on logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the interval between driving and the time of measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, control and measurement, and the situation of the accident if there is a traffic accident.