General Society: Society: News: Hankyoreh

Hankyoreh material photo

Hankyoreh material photo

In the case of’emergency evacuation’ with good reason, the court judged that it was innocent even if driving while drinking. On the 17th, the 6th criminal exclusive (presiding judge Sohn Jeong-yeon) of the Eastern District Court in Seoul sentenced a man in his 40s to a man in his 40s who was accused of driving under the influence of alcohol driving about 10m with 0.032% blood alcohol concentration on the 17th.23 Sun said. The judiciary cited Article 22 (1) of the Criminal Code as a reason for innocence. The judge said, “In order to reduce the risk of traffic interference and accidents (due to vehicles stopped on the road), the car was only moved to a parking lot that is about 10m away, and it seems that he was not willing to drive the car anymore. In light of the distance the car has been moved, it is evaluated that the risk that the defendant’s act incurs to the lives and safety of others was not so great.” Then, “It can be evaluated that the legal interests secured by the act of Mr. a were superior to those infringed upon. As an act to avoid the current prejudice, it is considered an emergency evacuation due to considerable reasons.” Article 22, Paragraph 1 of the Criminal Code stipulates that’the act of avoiding the current prejudice to the legal interests of oneself or others shall not be punished if there is a reasonable reason.’ The court heard’the possibility of a traffic accident’ as’significant reason’. The location where the substitute driver drove a vehicle to a stop was a one-way two-lane road in front of a building in Seongdong-gu, Seoul, and was not far from a bus stop and a fire hydrant, a parking prohibited area. The judge explained that “it was raining at night and if the vehicle was stopped at the location, the degree of interfering with the normal traffic flow of other vehicles was not small, and the possibility of traffic accidents could not be ruled out.” In the early morning of June 30, Mr. A called a surrogate driver to go to a karaoke room with two people after drinking. On the causeway, Mr. A said to the substitute driver, “There are many speed bumps, so please go slowly. I will call someone else if I am in a hurry,” and then the substitute driver said, “I will go back to the place of departure,” and an argument arose. The surrogate driver, who continued to drive, tried to enter the parking space between buildings, but when the wheel of the vehicle hit the roadside, he stopped and got off. While Mr. B was reversing the vehicle to the karaoke parking lot, about 10 meters from the stop, the surrogate driver filmed the scene and reported Mr. A as drunk driving. The judge said, “We could not ask the party who drank together to drive, and it would have been practically difficult to ask a karaoke shop owner who came out to pull out another car or a nearby passerby. He explained the reason for his innocence, saying, “The danger of traffic jams and accidents could be imminent to wait until.” By Jeon Kwang-jun, staff reporter [email protected]

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