도로교통법위반(음주운전)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
[criminal power] On November 21, 2012, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 21, 2012, and in the same court on February 22, 2014, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act.
【Criminal Facts】
On March 12, 2019, at around 05:25, the Defendant driven a C rocketing car with approximately 5m alcohol concentration of 0.067% under the influence of alcohol on the roads near Sungnam-si B.
As a result, the defendant has been punished not less than twice due to drinking driving and has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement in the circumstances of an employee;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument was that the defendant driven a motor vehicle in a drinking state, but it was true that the defendant's substitute driver left his/her place of residence so that he/she can easily pass by another motor vehicle, and left the motor vehicle, and the defendant, who was driven by the chief of the steering force, was parked a motor vehicle by driving the motor vehicle so that it does not interfere with the traffic of other motor vehicles in the manner that "the vehicle can pass by............."
As such, the defendant driving a vehicle to avoid the interference with traffic flow and the risk of traffic accidents, which constitutes a justifiable act that does not violate the emergency evacuation or social rules, and thus, the illegality is excluded.
2. Determination
(a) Emergency evacuation under Article 22(1) of the Criminal Act means: