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

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

Punishment of the crime

On December 19, 2016, the Defendant, while under the influence of alcohol more than 0.1% during blood transfusions, driven a coo vehicle at the section of approximately 2 km from a place where it is impossible to find out the Dorodong site in Gangnam-gu Seoul Metropolitan Government to the entrance of the Gu Seopo-dong, Gangnam-gu, Gangnam-gu, Seoul to the entrance of the 647-3 Gu Seopo-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to E and F;

1. A written statement on the occurrence of each traffic accident;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a report on the results of drinking, a report on the circumstances of a driver who takes driving, an accident video and a report on

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act and Articles 148-2 (2) 2 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. The defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On December 19, 2016, the Defendant asserted that the drinking was terminated at around 21:40, and completed the driving at around 22:02, and around 50 minutes thereafter, the Defendant measured the alcohol concentration in the blood with the respiratory measuring instruments at around 22:52, whose blood was 50 minutes thereafter, and the numerical value was 0.116%. Since the Defendant was at the stage of increasing the blood alcohol concentration from the time of driving until the blood alcohol concentration was measured, it cannot be readily concluded that the blood alcohol concentration at the time of driving is 0.05% or more.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest value, and approximately 0.08% to 0.03% per hour (average approximately 0.015%).