Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On October 21, 2016, the Defendant driven a G benz car while under the influence of alcohol exceeding 0.05% in the blood alcohol level from the front side of D in Ansan-si to the front side of F in E, approximately 100 meters from the front side of D in Ansan-si.

Summary of Evidence

1. Recording of a witness H's statement in the sixth public trial records;

1. Legal statement of a witness I;

1. Police statements made to I and H;

1. Arrest report on the occurrence of the case, report on the situation of driving at home, notification on the result of regulating the driving of drinking, report on internal investigation, and report on each investigation;

1. 112 Reporting case handling table;

1. On-site photographs;

1. A written appraisal of alcohol during blood;

1. CCTV video CDs (in a situation where it is impossible to determine whether the alcohol level at the time of the operation of alcohol is the point of time of the operation of alcohol or when he/she reaches the bar, the alcohol concentration in the blood measured at the time when the operation ends and when a considerable time has exceeded the standard of punishment;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed due to the increase in the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not is the difference between the time between driving and the measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood.