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(영문) 수원지방법원 2013.06.11 2013고합87
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. On October 7, 2012, the Defendant, at around 21:30, driven a Cbea car at the section of about 10km from the front of the “Korea-Sae Village” located in the Sari-gun, Gari-gun, Gari-gun, Gari-gun, a Gyeonggi-do, under the influence of alcohol content of 0.06%, to the front road of the “new hospital” located in the Sari-gu, Nari-si, Nari-si.

2. In order to constitute “an act with reasonable grounds” as referred to in Article 22(1) of the former Criminal Code refers to an act with reasonable grounds to avoid the present danger of one’s own or another’s legal interests. The act of escape should be the only means to protect the legal interests in danger, the act of escape should be the only means to protect the legal interests in danger, the second victim should be the most minor damage. Third, the profit to be compensated by the act of escape should be more superior than the profit to be infringed upon, and fourth, the act of escape must be a proper means in light of social ethics or the overall spirit of legal order.

(See Supreme Court Decision 2005Do9396 Decided April 13, 2006, etc.). According to each of the health teams, the defendant's legal statement, the statement of the status of the drinking driver, the report on the status of the drinking driver, the report on the status of the drinking driver, and the report on the result of the control of the drinking driving, the fact that the defendant driven the vehicle while under the influence of alcohol is recognized as the facts charged.

On the other hand, according to the witness D and E’s legal statement, the main driver’s statement, a written confirmation, a written confirmation of entrance and discharge, a confirmation reply and a record of the fact inquiry, the following are as follows: (i) the Defendant, while drinking with her friend on the day of this case, was accommodated in Gelel located in the game EF with the Defendant’s wife E after drinking with her friende; (ii) E wanted to live in the same way as the Defendant complaining of her friends and dies; and (iii) the Defendant, from among the attempts to go to the above friende, provided that her friende with her friendephone.

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