Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant, at the Seoul Central District Court on June 11, 2007, has been sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and a fine of 2 million won for the same crime in the same court on July 27, 2011.

Around 00:15 on December 16, 2015, the Defendant was under the influence of alcohol of 0.050% on blood alcohol level, and the Defendant driven approximately 20 km from the French land in Seocho-gu Seoul Metropolitan Government to the roads in front of the Simcheon-dong Sucheon-si Sucheon-si Sucheon-si, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Making a report on the control of drinking driving;

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

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. From December 15, 2015 to December 23:00, 2015, the Defendant’s summary of the argument acknowledged the fact that he driven from around 23:30 after drinking by dividing the degree of 200cc beer and 200cc beer for a relatively long time. However, even though he did not receive water from a police officer prior to the so-called alcohol measurement but did not drink as water and performed a drinking measurement by the respiratory tester without drinking water, the Defendant conducted a drinking measurement by the respiratory tester. Considering that the Defendant was using a drinking measurement by the respiratory measuring instrument without drinking water, it is difficult to deem that the Defendant’s actual blood alcohol concentration level exceeded 0.05%, which is the punishment standard, at the time of driving.

2. In full view of the following circumstances acknowledged by the evidence adopted by the court and examined by the court, the Defendant is water prior to the measurement of drinking water in the instant case based on the aforementioned evidence.