Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On April 15, 2012, at around 02:40 minutes, the Defendant driven a CMW car at around 02:40 minutes with a blood alcohol content of about 0.170% while under the influence of alcohol over a section of about 500 meters from the Eel parking lot front of the Eelel located in D of Gangwonwon Steel to the dwelling area of the Defendant located behind the G cafeteria located in F.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement made by a witness I in the third protocol of the trial;

1. Statement made by the witness J in the fourth trial records;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant asserts that, after completing driving at the time, he only drinks at home, and that there is no fact that he drives a vehicle in a drinking condition.

2. The following circumstances acknowledged by the evidence prior to the determination are as follows: (i) at the time, the Defendant was in J and test to the end that the Defendant was trying to drive the vehicle in front of the Eurher vehicle; (ii) the Defendant was shocking to the back of the vehicle while the Defendant was trying to drive the vehicle before the Eurher vehicle; and (iii) the time the J reported the Defendant’s vehicle to the police in front of the Defendant’s home to the police by the J was 02:43; and (iv) the time the J reported the Defendant’s vehicle to the Defendant’s home at around 03:01. Ultimately, the time interval between the Defendant’s vehicle after the Defendant’s driving and the police officer’s arrival at the Defendant’s home would have been less than 30 minutes. Accordingly, it would be easily understood that the Defendant’s vehicle was in a state of drinking alcohol during the short period of time, immediately after the Defendant’s arrival of J, and that it would be easily understood that the Defendant’s vehicle would have been drinking during 170%.