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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant is a substitute driver to get off the vehicle while driving the vehicle, and thus, it cannot be viewed as an urgent escape because it constitutes a danger at home.
Therefore, even if the facts charged in the instant case are found guilty, the lower court rendered a judgment of not guilty.
2. Determination
A. On July 25, 2017, at around 00:55, the Defendant driven a G K5 passenger car (hereinafter “the instant car”) under the influence of alcohol leveling of about 0.140% at a distance of about 300 meters from the front road located in Ulsan-gu Seoul Metropolitan Government C to the front road located in the same Gu E at approximately 300 meters of alcohol level.
B. The lower court determined that the following facts were acknowledged based on the evidence duly admitted and investigated by the lower court.
① On July 24, 2017, the Defendant drinks alcohol with his/her neighbors.
After the drinking place, the Defendant left a substitute driver and had the engineer drive the instant car until the Defendant’s office.
② On July 25, 2017, an agent driver started driving the instant car by telephone around his own time.
Since the substitute driver was living in the north-gu Busan Metropolitan City, he did not know clearly the way near the Ulsan-gu defense team in the Ulsan-gu. Thus, he operated this system with the bridge between the bridge.
Accordingly, the defendant is not aware of the way.
“A number of years of driving”, “A number of years of driving
“A Study on the Driving Capacity of the Proxy, etc. has been indicated.”
③ Ultimately, as the time cost between the Defendant and the substitute driver is run, the Defendant stated that the substitute driver will be sent to the instant car while leaving the instant car. The substitute driver set the instant car and set it from the car.
The defendant sent a substitute driver a telephone to his substitute driver to another substitute driver.
Although there is a request to change, the chief of the agency driving company can not send a substitute engineer.