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

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

Criminal facts

On April 9, 2018, the Defendant was under the influence of alcohol content of 0.182% among blood transfusions on April 23:20, 2018, and driving coos car on the E at three-lanes in front of Seoul Guro-gu, Seoul at three-lanes.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence of a traffic accident (1) (2);

1. Stacks, flacings, caps, etc.;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. At the time of the instant assertion, there was a dispute between the substitute driver and the destination, and the substitute driver unilaterally stopped the Defendant’s vehicle on three-lanes of the three-lane road in Guro-gu Seoul Metropolitan Government.

Although the defendant was another substitute driver, the time was delayed due to the clerical error in the above site, and the above site has a lot of traffic volume as well as frequent traffic of people, so it is inevitable for the defendant to move the vehicle to a safe place, which constitutes an emergency escape.

2. In order to constitute “an act with considerable reason” under Article 22(1) of the Criminal Act refers to an act with considerable reason to avoid the current danger of one’s own or another’s legal interests. In this context, the act of escape must be the only means to protect the legal interests faced with danger, the act of escape must be the only means to protect the legal interests faced with danger, the second victim must be the most minor damage. Third, the benefits preserved by the act of escape should be more superior to the benefits so infringed. Fourth, the act of escape is appropriate in light of social ethics or the overall spirit of legal order.