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

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

Punishment of the crime

On December 31, 2013, the Defendant, while under the influence of alcohol 01:26, 01% (blood-ded) with blood alcohol content, driven a Gio vehicle at approximately 50 meters away from the mutual singing on the face of the Seo-de, Seo-gu, Seo-ri to the same sing on the face of the same 183-5.

Summary of Evidence

1. A report on the actual status of a host driver;

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

1. Written consent to blood collection;

1. A statement of blood gathering;

1. Application of the Act and subordinate statutes to the investigation report (demark);

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

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

1. The Defendant’s argument on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that punishing the Defendant under Article 148-2(2)2 of the Road Traffic Act is unreasonable, since the blood collection result and the blood alcohol content of the Defendant calculated in the above dmark formula may not be the accurate numerical value. However, insofar as the blood alcohol content of the Defendant measured in the breaology at the time of the instant regulation is not significantly different from the above 0.102%, it is difficult to view that the Defendant’s blood alcohol content was erroneous at the time of the instant case, which was calculated in the blood collection result and the dicmark formula.

Therefore, Defendant’s assertion is rejected.

It is so decided as per Disposition for the above reasons.