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(영문) 인천지방법원부천지원 2020.09.15 2020고정180
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2019, the Defendant driven D SM7 car under the influence of 0.103% alcohol concentration in the G parking lot at Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the statement of the state of the driver at the parking lot and notification of the result of the drinking driving control [the defendant's defense counsel argued that the act of the drinking driving at the time constitutes an emergency evacuation under Article 22 (1) of the Criminal Act, and thus, the illegality should be avoided. However, the following circumstances acknowledged by the evidence adopted by the court, i.e., the defendant's moving of the vehicle before the entrance fees settlement deadline, i.e., the defendant appears to have been behind the vehicle. The above place is not a general road, and it is not a situation where traffic harm could occur if the vehicle is not immediately moved. ② Although the defendant does not move the above vehicle, the other vehicle with the parking lot could not move the parking lot if the defendant does not move the vehicle, the defendant could not move the vehicle by explaining the situation of the vehicle to the driver at the parking lot and requesting the driver at the same time, and the defendant could not move the vehicle directly to the defendant's agent at first of all, in light of the circumstance that the defendant's act of drinking and the defense counsel did not apply the above situation.

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and Article 148-2 (1) of the Act on the Selection of Criminal Crime;

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