Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On December 27, 2015, around 00:40, the Defendant driven a D e-car in the state of alcohol alcohol concentration of about 200 meters at approximately 00 meters from the Do in front of the Gambling House to the road front of the south Do in the same way as the Do in front of the Gambling House.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The defendant's assertion and judgment on the statement of the circumstances of the driver at home, the report on the detection of the driver at home, and the situation of the driver at home

1. The main point of the assertion is that the Defendant’s blood alcohol level was measured at around 00:20 on December 27, 2015; the time when the Defendant’s blood alcohol level was 00:40 on December 27, 2015; and the time when the driving of alcohol was discovered; 70 minutes from the end of drinking; and 01:30 on around 50 minutes from the time when the driving of alcohol was discovered; and 0.114% of the measured numerical value is highly likely to increase the alcohol level during blood alcohol level after drinking; thus, the possibility that the Defendant’s blood alcohol level was 0.05% to below 0.1% cannot be ruled out.

2. The determination is made, at an interval between the time of driving and the time of measuring the alcohol concentration in the blood, and at that time, if the alcohol concentration in the blood appears to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the hours during which drinking is continued, the volume of driver’s behavior at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident, etc. (see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013).