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 November 3, 2016, the Defendant driven an EM6 vehicle at approximately 50 meters in front of the Dongbagdong Community Community Center in the same Doggdong-gu D cafeteria in the state of drinking of 0.0835% of alcohol content among the blood transfusions around 21:20 on November 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a response to a request for appraisal and a written appraisal, and a report on the detection of a primary driver;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the primary charge) of the Provisional Payment Order;

1. The summary of the facts charged is that the Defendant driven a car as indicated in the judgment of the lower court on the date, time, and place of the crime in question, with a alcohol level of 0.11% under the influence of alcohol.

2. Determination

(a) In a situation where it is impossible to determine whether the alcohol level at the time of driving under the influence of alcohol is the point at which alcohol level has risen during blood, the alcohol concentration among blood measured at the time when the driving was completed at a considerable time has exceeded the punishment threshold;

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 each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood concentration.

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, the alcohol concentration at the time of actual operation exceeds the standard value of punishment.