Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

On August 23, 2013, at around 22:05, the Defendant driven a 0.066% alcohol level with approximately 0.2 km B km from the parking lot of the old-age fishery market in Dongjak-gu Seoul Metropolitan Government No. 13-8 at No. 154-7 to the front of the military police unit in the same 154-7.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is that the Defendant driven a car under the influence of alcohol with the blood alcohol content of 0.120% at the time and place stated in the facts charged in the judgment.

2. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise point or lower point of time, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the penalty standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking reaches the highest level, and then reduces approximately 0.08% to 0.03% (average approximately 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

(see Supreme Court Decision 201Do6285, Oct. 24, 2013). According to the evidence duly admitted by this Court following the evidence examination, the Defendant had a little amount of interest in the instant lawsuit as well as in the share of a trade name in the Dongjak-gu Seoul Labor Standards Fishery Market from around 20:40 on August 23, 2013 to 21:40 on the same day.