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 March 28, 2014, at least 0.05% of blood alcohol level, the Defendant driven a car with Cins from the entrance of the bathing beach located in Chocheon-gu, Chocheon-gu, Jeju to the front of the rest of the head of the brine in the same Ri, while under the influence of alcohol of at least 0.05% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentence shall be determined as ordered in consideration of the fact that it is against the recognition of the crime for sentencing under Article 334 (1) of the Criminal Procedure Act, the fact that there was a history of having received a fine of 700,000 won for the crime of violating the Road Traffic Act in 2004, and the circumstances such as blood alcohol concentration and the age, occupation, etc. of the defendant;

1. The summary of the facts charged is that the Defendant driven a car as stated in the facts charged in the state of being drunk with a blood alcohol content of 0.102%.

2. Determination

A. According to the witness D’s legal statement, inquiry of the fact by the Road Traffic Authority, and written statements in D’s preparation (Evidence No. 1) respectively, the following facts are recognized.

① On March 28, 2014, the Defendant was under influence of alcohol while driving a car at around 21:50, and was under control of alcohol, and the blood alcohol concentration was measured by the respiratory tester of this case.

However, the Defendant did not put the wind up to the extent of the measurement result in the first and second measurement attempt, which took place between 22:17 and 22:21 on the same day, and it did not appear that the measurement value was 0.102% only from the third measurement attempt taken at around 22:29.

② As above, the Defendant has a blood alcohol concentration as the third time measuring instrument of this case.