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

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

Punishment of the crime

On October 27, 2014, at around 22:56, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.079% in the section of about 5 meters from the CY parking lot located in the Busan SY Lawdong to the front roads of the thought in the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes after checking the results of crackdown on driving;

1. Relevant Acts concerning facts constituting an offense and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose a penalty;

1. Determination on the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The Defendant asserts that at the time of driving, the blood alcohol concentration was at least 0.05%, which is the statutory standard.

2. Determination

A. Even if the distance between the time of drinking alcohol driving and the time of measuring the blood alcohol concentration and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment threshold.

In such cases, whether a person can be deemed to have been above the standard level of punishment even at the time of driving shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the degree of traffic accident, the circumstance of the accident, and the circumstances.

(Supreme Court Decision 2013Do6285 Decided October 24, 2013, etc. (see, e.g., Supreme Court Decision 2013Do6285).

According to the evidence duly adopted and examined by this Court, the following facts can be acknowledged:

① On October 27, 2014, around 19:27, the Defendant parked BY5 car in the CY trigram, located in the Seo-gu, Busan Metropolitan City trigram, and around that city.