Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On November 25, 2018, at least 04:40, the Defendant driven a 200-meter V car from the road on which it is impossible to know the fluoral wave of the infinite-si, Seocheon-si to know about the finite-si in the condition of alcohol leveling to 0.1% or more of alcohol level.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination as to the assertion of the defendant and his defense counsel, such as the circumstantial statement of a drinking driver, notification of the result of the influence of drinking driving (No. 6)

1. The gist of the assertion is to recognize the fact that the Defendant driven the alcohol on the day of the instant case, but at the time of driving or the time of measuring the blood alcohol level, the Defendant was at least 0.1% of the blood alcohol level at the time of driving, since the Defendant was at the time of blood alcohol concentration.

2. Determination

A. Even if there is an interval between the point of time and the point of time of measuring the blood alcohol level, and the point of time seems to increase the blood alcohol level, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol level at the time of actual operation exceeds the penalty standard.

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.

(See Supreme Court Decision 2013Do6285 Decided October 24, 2013). B.

In the instant case, comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s blood alcohol concentration at the time of the instant case 0.1%.