Defendant shall be punished by a fine of 1.5 million won.

When the above fine is not paid, the defendant shall be the defendant for 15 days.

Punishment of the crime

On April 8, 2017, the Defendant: (a) was under the influence of alcohol level 0.198 percent (measurement measurement) in the H gas station located in Gangseo-si G around 21:58, the Defendant was driving his/her franchise by moving his/her car volume, while under the influence of alcohol level 0.198 percent (fee measurement) in the five-meter section of the H gas station located in Gangseo-si G.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes on site photographs;

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (see, e.g., the following grounds for sentencing);

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant moved to the gas station of this case through an agent. The substitute engineer stopped the vehicle (the entrance of the Defendant’s vehicle is the left side of the vehicle, but the entrance of the vehicle is left side of the vehicle) at a location where it is impossible for the Defendant to flow the vehicle, and the Defendant moved the gas station to a place where there is no danger in traffic safety, by moving approximately five meters within the gas station to prevent the danger of other vehicles on traffic safety.

Therefore, the defendant's act constitutes an urgent escape to prevent the current imminent danger, or a justifiable act permitted under the social norms, and thus, the illegality is excluded, and even if not, the defendant's act constitutes an excessive escape.

2. Determination:

A. The following facts are acknowledged according to each of the evidence duly admitted and examined by this Court.

(1) The Defendant, while drinking alcohol and drinking a substitute engineer, started from the vicinity of the Gangwon-do Won University and proceeded to a rooftop room.

(ii).