경범죄처벌법위반
The defendant is innocent.
The summary of the facts charged of this case is that "the defendant committed an act of disturbing drinking within the Jung-gu District of Daejeon on May 13, 2009, and around 23:05, the defendant filed a claim for summary judgment by applying Article 1 subparagraph 25 of the former Punishment of Minor Offenses Act (Act No. 8435) to the above facts charged.
Therefore, according to the language and text of the above provision, “a person who, under the influence of alcohol, behaves in the surroundings by very rough words or conducts, or makes a person who, without good cause, behaves in the vicinity of a person under the influence of alcohol, serves as a penalty for a fine not exceeding 100,000 won, detention, or a minor fine.”
However, even according to the facts charged in this case, since the violation place of the defendant is the Daejeon District, it is difficult to regard it as the "place where multiple people gather or frequent" as stipulated in the above law, and it is insufficient to recognize the defendant's act of disturbing drinking alcohol only with the evidence submitted.
Therefore, the defendant is acquitted.