Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

On October 15, 2017, at around 23:27, the Defendant driven a coo vehicle in D while under the influence of alcohol leveling 0.062% of alcohol level from approximately 1km to around 60 trisan gynasium in the same gynasium from the gynasium in Bupyeong-gu, Incheon, Bupyeong-gu to the front day of 60 trisan gynasium.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of witness E in the second public trial protocol;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to factual inquiries and replies;

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. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The gist of the assertion is that at the time of the measurement of drinking alcohol of this case, a traffic controller conducted a drinking test on three consecutive occasions without replacing a fire for the measurement of drinking alcohol of this case, and the defendant was practically prohibited from taking a re-measurement. The result of the re-measurement of drinking of this case is highly likely to have been measured excessively, and the method of measurement by a drinking gauge is limited to its accuracy.

Therefore, in light of this point, the evidence submitted by the prosecution alone was driven by the defendant in a state with a blood alcohol concentration of at least 0.05%.

shall not be readily determined.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant can fully recognize the fact that he/she driven a motor vehicle while exceeding 0.05% alcohol level during blood so the above assertion by the defense counsel is not acceptable.

(1) The fire that the defendant has used had no record of use by any person other than the defendant.

(2) The "traffic control guidelines" which set the traffic police officer's business performance standards and procedures, shall be used for measuring one drinking meter per drinking test.