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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 20, 2015, at around 22:00, the Defendant driven a motor vehicle owned by himself/herself while under the influence of alcohol content of about 2 km from around 38, 48, a place where the name of the Hancheon-si, Seocheon-si road cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Entry of the investigation report (the No. 21-2 of the evidence list, the page 81 of the evidence record);

1. Statement of the circumstances of the driver at home and statement of the fact-finding report on the driver at home; and

1. Application of Acts and subordinate statutes stating food appraisal certificates;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. In full view of the circumstances under Article 51 of the Criminal Procedure Act, including the fact that the defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act does not recognize his mistake and only makes it difficult for the defendant to understand it, the defendant has been punished for the same kind of crime several times, and the degree of taking the defendant's initiative at the time of the instant case, the punishment as ordered within the scope of the recommended sentencing guidelines shall be determined as set forth in the sentencing guidelines.

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant and his defense counsel asserted that ① the Defendant only drank dice in the restaurant immediately before the instant driving, and dice dice dice other than the East State after the instant driving, was reflected only in the mutual aid of the East State, and thus, the relevant part should be additionally deducted. ② Since the Defendant’s blood alcohol concentration at the time of the instant driving, the Defendant’s blood alcohol concentration at the time of the instant driving, and thus, the Defendant’s blood alcohol concentration at the time of the instant driving was 0.127% at the time of the instant driving.

I argue that it cannot be seen.

2. Determination

A. Relevant legal principles 1) The point of time of driving alcohol is the blood alcohol concentration.