도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 23, 2017, the Defendant driven a Fenz car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.168% from the section near the restaurant “C” located in the Dong-gu, U.S. to the restaurant “E” located in D, at the ancient city around 00:12, the Defendant driven a Fenz car with alcohol content of about 100 meters.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Application of the Acts and subordinate statutes on black stuffs;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant's argument as to Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant asserts that the driver's drinking constitutes an emergency escape and thus the illegality of the driver's drinking constitutes an emergency escape. The defendant asserts that the driver's drinking constitutes an emergency escape and the driver's drinking constitutes an emergency escape.
Article 22 (1) of the Criminal Code refers to an act with a substantial reason to avoid the present danger to his or another person's legal interests, and in order to constitute "act with a considerable reason," the act of escape should be the only means to protect the legal interests in danger, the second way to inflict the largest damage on the victim, and the third way to inflict the benefit preserved by the act of escape should be more superior to the profit that is infringed upon. Fourth, the act of escape must be a proper means in light of social ethics or the overall spirit of legal order (see Supreme Court Decision 2005Do9396, Apr. 13, 2006, etc.). In this case, the health stand.