Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 18, 2018, at around 23:40, the Defendant driven a F low-speed car under the influence of alcohol content of about 0.058% from the 1km section from the front of the Cbaling Chapter Cbaling Station B to the front of the road D.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to report on investigation (Listening to G Telephone Statements from Police Officers Stationed);

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 (1) 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. On the day of the instant case, the Defendant: (a) driven the instant vehicle at around 22:45 on the day of the instant case at around 23:42, after drinking beer, and (b) b3:43, when he controlled to police officers, and measured the alcohol level at around 23:45, the blood alcohol level was 0.058%; and (b) at the time, the Defendant was 0.058% of the blood alcohol level since he did not drink during the period of increase in the blood alcohol level; (c) there was a possibility that the blood alcohol level was less than 0.05% when the Defendant drives a vehicle.

2. Determination:

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration 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 concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, the actual measurement has been made.