도로교통법위반(음주운전)
The defendant shall be innocent.
1. On June 11, 2012, the Defendant driven the above vehicle at approximately 10 meters in order to prevent the thief, who stolen the Defendant’s goods from a building adjacent to the Gojin Galkbling Center building located in the Gojin-gu, Dagjin-si, Chungcheongnam-si, Dagjin-si, which had a high level of alcohol content of 0.129% in the state of 0.16:05 on June 11, 2012.
2. According to the records, even though the defendant was found to have driven a vehicle while under the influence of alcohol at the same time as the facts charged, at the time, he stolen the defendant's box plate, etc. with the vehicle at the closed factory operated by the defendant, and the defendant reported to the police by preventing the thief from driving the vehicle by driving the vehicle of the defendant not to escape, thereby preventing the thief from driving the vehicle, thereby preventing the thief from driving the vehicle, and eventually, the above thief was subject to a disposition of suspension of indictment, but the defendant was sentenced to a fine due to a drunk driving.
In light of the following: (a) the Defendant prevented a large number of larcenys; (b) the access road to one’s own vehicle in the best way to think at the time to arrest, immediately reported to the police; and (c) the distance of driving to the police was about 10 meters; and (c) the risk of other accidents was low due to a large number of other vehicles passing around; and (d) compared with the necessity to arrest the thief in the instant case, it cannot be deemed that the Defendant’s act of drinking alcohol would disrupt the legal order; (c) rather, the Defendant’s act of driving alcohol constitutes a violation of the formal legal sentiment to stay prosecution against the thief and to convicted the Defendant of the thief.