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

2. Where the defendant does not pay the above fine.

Punishment of the crime

On April 4, 2016, at around 20:15, the Defendant driven a C truck under the influence of alcohol leveling 0.144% in the 1.4km section of blood alcohol leveling from around 195 to the 1.4km of Eunpyeong-gu Seoul Metropolitan Government, to the unification of Eunpyeong-gu 908 C Trucks.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of occurrence of traffic accidents by defendants;

1. A traffic accident report (1) (2) (2)

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on investigation (the submission of black images);

1. Article 148-2 subparag. 2 of the relevant Act and Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act (excluding punishment) of the Defendant and his defense counsel regarding criminal facts, since the Defendant drinks alcohol from 20:15 to 20:45 on the date of judgment, the Defendant’s blood alcohol concentration increase between 20:15 specified at the time of crime and 20:43 on the date of blood alcohol measurement. Accordingly, the above 20:15 may have a possibility that the Defendant’s blood alcohol concentration level does not exceed 0.1%.

The argument is asserted.

B. The blood alcohol concentration is measured at a time between the time of operation and the blood alcohol concentration, and at that time, the blood alcohol concentration seems to increase.

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.

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, the hours during which drinking continues, the volume of drinking, the driver’s behavior at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident (see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). The instant case is seen earlier.