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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 2, 2016, the Defendant driven a D-crare car in the state of alcohol concentration of at least 0.137% in the 20m section of the front road of the C-U.S. on December 2, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Notification of the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, and the application of Acts and subordinate statutes reporting the situation of driving;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is that the defendant's act of driving the drinking of this case by coercion of E, and thus the defendant's responsibility is dismissed.
2. The “act of coercion” under Article 12 of the Criminal Act is not punishable only when the act was committed by either imprisonent violence or threat against the life or body of himself or herself or relatives which is not capable of defending (see, e.g., Supreme Court Decision 2004Do126, Mar. 12, 2004). In full view of the evidence revealed in the records and trial process of this case, the fact that the Defendant, at the time of the instant case, experienced assault from E due to a sudden problem of parking, was driven under the influence of alcohol, and then avoided the Defendant from driving under the influence of alcohol.
However, E forced the defendant to drive in a drinking state by threatening the defendant to use violence or intimidation which cannot be resisted by the defendant, or which does not have any means to defend his/her life or body.
does not appear.
Therefore, the defendant and defense counsel's above assertion is not accepted.