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(영문) 수원지방법원 2014.11.13 2014고정2113
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is a driver of a vehicle C for passenger.

On June 7, 2014, at around 00:30, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.174% 0.174%, and the Defendant was under the influence of alcohol in the front of the Mine Museum near the Dongwon-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on detection, etc.;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant laws concerning the facts of crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of driving sound) of the Road Traffic Act, the selective selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Feb. 21, 2007);

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

1. The term "emergency evacuation" under Article 22 (1) of the Criminal Procedure Act means an act that has a considerable reason to avoid any danger to himself/herself or other person's legal interests at present, as to the assertion of emergency evacuation by the defendant and defense counsel under Article 334 (1) of the

In light of the Defendant’s statement that the time when the Defendant was driven by an acting driver, who is a person suspected of assault, left the scene after leaving the scene, it cannot be deemed that there was any danger to himself or another person’s legal interest. Even at night, 200 meters can move on the foot, the driving of the vehicle cannot be deemed the sole means to protect the legal interests in danger. The driving distance is much more than the side parking level to prevent the danger of traffic accidents, and the blood alcohol concentration is relatively high to 0.174%, it cannot be deemed that the minimum requirements of infringement have also been satisfied.

Therefore, we cannot accept the above emergency evacuation argument of the defendant and defense counsel.

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