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(영문) 서울중앙지방법원 2017.09.26 2017고정2233
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 17, 2017, around 20:30, the Defendant driven a F-car to approximately three meters under the influence of alcohol content 0.119% while under the influence of alcohol in the blood.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the circumstances of driving and notification of the result of regulating drinking driving (the defendant and his defense counsel) . The defendant and his defense counsel stated that the driver of a vehicle parked after the defendant's vehicle's vehicle at the time, who caused a threat to his body, drives 3 meters in such a way that the vehicle can move, and then, it constitutes a justifiable act that does not violate social rules. However, the defendant under the influence of alcohol was placed in an urgent or difficult situation to have driven the vehicle at the time.

It is difficult to see that the Defendant moved the vehicle to another place after moving the vehicle, and the Defendant was able to move the vehicle from the beginning with the help of the restaurant parking manager, etc. at the time.

In full view of the fact that the defendant's act satisfies the requirements of reasonableness, urgency, supplement, etc. of the means or methods required by the party act.

It is difficult to see it.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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