1. The defendant shall be punished by a fine of seven million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

On September 6, 2019, at around 04:56, the Defendant driven a F car while under the influence of alcohol exceeding 0.08% in the 1km section from the front of the C dan in Daegu-gun, to the front of the E Bacheon Point in the foregoing D.

Although the written indictment is written as 0.108%, it cannot be determined as 0.108% on the grounds that the defendant and the defense counsel are 0.108% on the following grounds, but at least 0.08% is recognized.

There is no concern about substantial disadvantage to the defendant's exercise of the defendant's right of defense, and without changes in indictment.

Summary of Evidence

1. Partial statement of the defendant;

2. Police suspect interrogation protocol of the accused;

3. Reporting on detection of suspects in violation of the Road Traffic Act and reporting on internal investigation (Attachment to field photographs).

4. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, investigation reports (report on the state of drinking drivers), and records of the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

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

1. The allegations in the indictment are written in which the defendant's blood alcohol concentration at the time of driving is 0.108%.

Although the defendant's drinking driving was true, since the blood alcohol level has risen at the time of driving, it cannot be viewed as 0.108%.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, 30 to 90 minutes after drinking.