Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 2, 2019, at around 00:45, the Defendant driven a C-B-ro motor vehicle while under the influence of alcohol concentration of 0.099% at approximately 15 meters in front of the 15-meter road in Ansan-si, Ansan-si.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused of the second police's protocol of interrogation of the suspect, the results of the drinking control of the police's suspect interrogation protocol, the CCTV shooting photographs and recording records recording to the accused;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion of the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act is an act of emergency evacuation or legitimate inasmuch as the Defendant’s act inevitably drives a vehicle to stop at the center line and avoid the risk of the occurrence of an accident to throw away down the vehicle.

2. Determination

A. The phrase “act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a justifiable act that does not violate social norms, and thus, the illegality of which act is excluded should be determined individually by examining and reasonably, under specific circumstances, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act.

In addition, the emergency evacuation under Article 22 (1) of the Criminal Code is one's own or another.