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 29, 2016, at around 02:35, the Defendant driven CMW car under the influence of alcohol concentration of about 0.151% in a section of about 20km from a road where it is impossible to know about the route located in the village of Yongsan-gu Seoul Metropolitan City to the front road of Goyang-gu, Yongsan-gu, 223, Goyang-gu.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Determination as to the assertion of the defendant and his/her defense counsel, such as a report on the circumstances of driving under the influence of alcohol, a notification of the results of crackdown on driving under the influence of alcohol, a written consent to blood collection, a request for appraisal of alcohol concentration during blood, a response to a request for appraisal, a report on

1. Considering the Defendant’s alleged alcohol level, drinking time, alcohol level during blood transfusion level, etc., the Defendant’s driving time at the time of his/her driving, and during his/her respiratory measurement and collection of blood, the Defendant’s alcohol level at the time of his/her final driving level increased. The Defendant’s last driving time exceeds 0.10% of the blood level at the time of his/her final driving;

It is difficult to see it.

2. Determination

(a) Where the distance between the driving point and the blood alcohol concentration is measured, and the time seems to rise the alcohol concentration during the blood;

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 continuous time and quantity of drinking, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident, etc. (see Supreme Court Decision 2014Do3360, Jun. 12, 2014, etc.). (b) The evidence duly adopted and investigated by the court.