도로교통법위반(공동위험행위)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, went off the first place after having a meeting of the club at the time of the instant case, and was driving a motor vehicle with other members, and was off 10 seconds of emergency, etc. at the time of operating a motor vehicle with other members, and did not agree to the fact that he gets off the heat, and did not cause harm to others by operating a motor vehicle with an explicit or impliedly, and in light of the situation at the time, the Defendant’s act does not constitute a common risk act under Article 46 of the Road Traffic Act. The Defendant asserted that the lower court, “the Defendant passed through a one-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-based-time-time-based-time-based-time-based-time-based-time-based-time-based-time-based-based-based-based-based-based-based-based-based-based-based-based
B. The sentence of a fine of KRW 2 million imposed by the lower court on the Defendant is too unreasonable.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is the driver of Fenz, B, the driver of GMW, the defendant, and D as the driver of HW, and D, both of them are members of the Internet community "www.babbaedm.co.kr".
On October 2012, the Defendant, A, and D committed a common dangerous act, such as causing harm to drivers operating a place or causing danger to traffic, from around 00:00 to around 01:00 to around 01:0, at the four-lane free of way in front of the "Yju Publication City Stak-dong 495-138" in the city of Pakistan-dong 495-138.
B. The lower court found the Defendant guilty of the instant facts charged based on the evidence indicated in its judgment.
3. Determination of the immediate deliberation