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 May 31, 2018, the Defendant, while under the influence of alcohol content of 00:40% in blood, driven a rash car from approximately 50 meters in approximately 0.11% in front of a restaurant in Seo-gu Daejeon to the E Park in D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of G and H;

1. Statement of control and statement of the circumstances of the driver in charge of drinking [In the situations where it is impossible to determine whether the point of driving drinking is the point of time or when alcohol level has risen during blood transfusion, the degree of alcohol concentration among the blood measured at the point of time when the driver ends driving has exceeded the standard of punishment;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed due to the increase in the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood 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.

shall not be deemed to exist.

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 is based on evidence, such as the time interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the time and quantity of drinking continued, the driver's behavior aspects at the time of the crackdown and measurement, and the situation of the accident if there is a traffic accident.