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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On February 10, 2014, the Defendant driven BM3 automobiles at a distance of about 500 meters from the day before the cafeteria in Daegu Dong-gu to the Geum River basin in the same Gu, while under the influence of alcohol of 0.118% of blood alcohol concentration on February 23, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Copy of the written statement of the defendant;

1. Application of the Road Traffic Act to the reporting on detection of suspected cases of violation of the Road Traffic Act, the report on the de facto statement of the driver's status and statement of the driver's status, the inquiry into the results of the control of drunk driving, the driver's blood collection report, the written consent to blood collection, the request for appraisal of blood alcohol concentration, the response to the request for appraisal, the written appraisal of blood alcohol concentration concentration, the report on detection of the driver's status and the following provisions

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that there was an increase in the blood alcohol concentration since 90 minutes have not elapsed since the Defendant’s blood collection around the time of blood collection, and thus, it is unreasonable to punish the Defendant according to the blood collection result, not the blood alcohol concentration quantity as a result of the pulmonary measurement, at the nearest time after the expiration of drinking, according to the blood collection.

2. Even in a case where the distance between the time of driving under the influence of alcohol and the time of measuring the blood alcohol concentration appears to increase the blood alcohol concentration, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard due to such circumstance.

In such cases, the time difference between the driving and the measurement, the difference between the measured blood alcohol concentration and the punishment standard values, and the continued time of drinking.