Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On July 13, 2007, the Defendant was issued a summary order of KRW 700,00,000 by the Seoul Western District Court as a crime of violation of the Road Traffic Act, and the same court on the same day with the record of being issued a summary order of KRW 1.5 million.

Nevertheless, the Defendant, around 00:10 on November 09, 2013, was under the influence of alcohol content of 0.092% around the blood alcohol content of 0.092%, and under the influence of 0.05% of the blood alcohol content of 0.05%, the Defendant used approximately 2 km from the first Do in the vicinity of the new forest station located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, to the front road of the apartment complex of 771 new Dongdong-dong, Seoul Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

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

1. Requests for appraisal of blood alcohol concentration and response to requests for appraisal;

1. A written report from an employee of an employer;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. On the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, since the Defendant’s blood alcohol concentration has continuously increased for about 77 minutes from the final alcohol alcohol to the blood collection, it is reasonable to determine that the Defendant’s blood alcohol concentration has increased rapidly by 0.05% from the pulmonary measurement (9. 00:17 on September 9, 11) more adjacent to the Defendant’s blood alcohol concentration at the operating time (9. 00:10 on September 9, 11). In comparison with the blood alcohol concentration at 0.05% from the pulmonary measurement and 0.092% from the blood collection at 30 minutes after the pulmonary measurement, the Defendant’s blood alcohol concentration at 0.014% from the pulmonary measurement is known, and thus, the Defendant’s blood alcohol concentration at 0.014% from the pulmonary measurement is converted to the highest blood alcohol concentration (as of 0.10% on September 10).