도로교통법위반(음주운전)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding the legal principles, when the defendant drives a motor vehicle while under the influence of alcohol, the motor vehicle is moved to another location in order to prevent the accident from occurring due to the motor vehicle of the defendant within the gas station and constitutes an emergency escape or a justifiable act.
2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the misapprehension of the legal principle of the defendant
A. In accordance with the evidence of the judgment of the court below, the court below found the following facts: (i) the defendant, in drinking alcohol and driving a substitute engineer, departing from the vicinity of the Gangwon-do Power University, and proceeded to the rooftop room; (ii) the defendant, in the situation where the oil of the defendant's vehicle falls short of the oil, the defendant left the oil in the oil station to the substitute engineer; (iii) the defendant's vehicle was stopped in the oil station for an unforeseen reason; and (iv) the representative engineer refused to drive his vehicle after stopping in the oil station; (iv) the defendant driven the vehicle in his own vehicle to drive 5 meters in the oil station; and (v) the position of the substitute engineer stopped the vehicle of the defendant in the oil station in the H is adjacent to the left side of the parking abandonment; and the final location of the vehicle that the defendant directly parked in the vehicle is adjacent to the same parking vehicle and the port of the defendant, the left side of the vehicle.
In addition, according to the above facts, the court below found that the defendant's driving of 5 meters in the oil station is only for the driver's own vehicle while the substitute engineer refuses to drive, and the driver's driving of other vehicles in the oil station becomes somewhat smooth due to the defendant's vehicle movement, but this is due to the defendant's drinking.