On November 22, 2013, at around 02:29, the Defendant driven a C vehicle at approximately 10 meters in 196-meter on the street before the Sungnam-si Subdivision, under the influence of alcohol content 0.059% of the Young-gu (0.059%) of the blood alcohol concentration.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's assertion as to the circumstantial statement of a drinking driver, and the report on detection of a drinking driver, the defendant asserts that the act of the defendant is an emergency evacuation, since the substitute driving technician drivess the vehicle to move the vehicle to a safe place by refusing to operate the vehicle and leaving the vehicle alone.

According to the above facts, according to the witness D and E's partial statement, there was a dispute between the defendant and the substitute driver D during the operation of the vehicle, and the defendant left the trial of the vehicle that he was waiting for, and demanded D to get off the vehicle, and thereafter, the defendant was driving the vehicle. According to the above facts, according to the above facts, the defendant's act cannot be viewed as an emergency evacuation because it falls under the first accident.

Therefore, the defendant's assertion is without merit.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won per day) of the Criminal Act for detention in a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration of a suspended sentence in consideration of circumstances, distance, criminal records, etc. of the defendant's driving under the influence of alcohol);