도로교통법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. misunderstanding of the facts or misapprehension of the legal principles) The Defendant committed an act of changing the course as stated in the instant facts charged, but this does not constitute a scambbling driving as prescribed by the Road Traffic Act because it does not repeatedly cause any harm to others or there is no risk of causing any danger to traffic.
2) Even if not, the Defendant’s act was inevitable in order to escape from the next place because of the urgent threat against the latter. Thus, it is necessary to constitute an emergency evacuation or to reduce or exempt the punishment in accordance with Article 22(3) of the Criminal Act.
However, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination of misunderstanding of facts or misunderstanding of legal principles among the grounds for appeal by the defendant
A. The instant facts charged reveals that the driver of a motor vehicle, etc. shall not inflict any harm on other persons or cause danger to traffic continuously or repeatedly by committing two or more acts among acts of violation of signal signal, median line, speed violation, unsatisfying safety distance, violation prohibition of career change, etc., and where the motor vehicle traveling in the same direction stops suddenly, the motor vehicle traveling ahead of it shall maintain a necessary distance to avoid collision with the motor vehicle traveling ahead of it, and where it is likely to impede normal traffic of other motor vehicles traveling in the direction to change course of the motor vehicle, it shall not change its course.
Nevertheless, on August 19, 2016, the Defendant driving a BKank-gu car around 22:24, and driving a BKan-gun on the south of the Gangwon-do in the direction of a tunnel, 1633 man-made tunnels, e.g., 163 if the front road of the Gangwon-do in the south of the river is located in the same military at the intersection of the river.