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

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

Punishment of the crime

On July 4, 2017, around 00:15, the Defendant driven approximately three meters of benz car while under the influence of alcohol content of 0.142% in the sixth-story parking lot under the 838 Puden Social Building of Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement of the driver at the main place of the vehicle (the defendant's person asserts to the effect that "the act of the defendant is an emergency evacuation because he/she driven around 3 meters in the light of a photograph box in the parking lot as indicated by his/her agent, and drives a vehicle at a level not to obstruct the passage of other vehicles," but the following circumstances acknowledged by each evidence duly adopted and investigated by this court are as follows: ① most of the defendant's vehicle was parked inside the parking zone, so it was sufficiently possible for the vehicle to pass along the other vehicle by side of the defendant's vehicle; ② the passage of the parking lot on which the defendant's vehicle was parked was not a serious slope; ② the traffic accident risk was urgent due to the road situation and traffic conditions at the time.

Considering the fact that it is difficult to recognize, other than the fact that the defendant caused a traffic accident, the circumstance that the defendant caused a traffic accident and the situation before and after it, there was an urgent or difficult situation that the defendant under the influence of alcohol has to drive a motor vehicle.

As such, the crime of this case cannot be seen as an urgent escape.

Therefore, we cannot accept the defendant's above assertion.

Application of 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. Articles 53 and 55(1)6 of the Criminal Code for Reduction of Small Quantity (the fact that the defendant driven in the state of his driving, the fact that the defendant recognized the driving in the state of his driving, the defendant has no criminal history of the same kind, and the vehicle parked by an acting driver in the parking lot as determined by the defendant is appropriate within the parking zone.