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

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

Punishment of the crime

[Criminal Power] On March 19, 2008, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court as a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 23:30 on December 10, 2019, the Defendant driven a car in Category D with approximately 1m under the influence of alcohol concentration of 0.063% at a gas station in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant legal provisions and the choice of punishment for the crime: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines;

1. Mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional Payment Order: Article 334(1) of the Criminal Procedure Act [Judgment on the argument of provisional evacuation] The defendant and defense counsel asserted that since the defendant inevitably driven the vehicle using the gas station, which is the business space of another person at the time of the instant case, and the passage of pedestrians, the illegality of the instant crime is excluded due to emergency evacuation.

"Emergency evacuation" in Article 22 (1) of the Criminal Act means the act that has considerable reason to avoid any danger at the present against his/her own or another person's legal interests.

(Supreme Court Decision 2005Do9396 Decided April 13, 2006). According to the evidence duly adopted and examined by the court, the facts that the towing vehicle was driven by the towing vehicle in order to tow the vehicle in the parking lot in the gas station as indicated in the judgment of the defendant at the time of the instant case, the towing vehicle is trying to tow the vehicle of the defendant, and the vehicle of the defendant is lightly conflicting with the vehicle of the defendant, and the towing vehicle is driven by the defendant who would not move the vehicle of the defendant after the accident, and the vehicle of the towing vehicle is driven by the towing vehicle in order to confirm the accident by moving the vehicle of the defendant.

In addition, the defendant is driving at the present site.