Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

around 03:50 on December 2, 2016, the Defendant driven D1 ton cargo vehicles under the influence of alcohol concentration of 0.122% in the 30cm section of the front road of Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant (as at the third public trial date);

1. A written statement prepared in E;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. Inquiries about the results of crackdown on driving alcohol (A);

1. Application of enforcement manual statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 53 and Article 55(1)6 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007; Supreme Court Decision 2007Da1448, Apr. 2, 2007) (see, 207Da1248, Apr. 2, 2007)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the argument of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, have been placed on the road before the defendant stated in the judgment of the court below after drinking the person and drinking alcohol on the day of the case. The substitute driver parked in front of others' door and demanded a substitute driver to park again in consideration of the inconvenience of the customers who use the above store, but the substitute driver again parked the vehicle again with 20 to 30cc away from the vehicle without any choice but without any choice to reject it, so the driving of drinking by the defendant constitutes an emergency escape or a justifiable act.

Emergency evacuation under Article 22 (1) of the Criminal Code refers to the act that has considerable reason to avoid the present danger to his or another person's legal interests, and in order to constitute "act with considerable reason", first, the act of escape is the only way to protect the legal interests in danger.