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(영문) 춘천지방법원 2015.04.15 2014노390
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenario) is that the Defendant inevitably violated the signal to prevent his/her competence and accident in the intersection. Thus, the Defendant’s act does not constitute a crime.

2. The Defendant’s assertion that his act does not contravene social norms and constitutes a justifiable act under Article 20 of the Criminal Act or an act to avoid the present danger to others’ legal interests. Thus, the Defendant’s assertion that his act constitutes an emergency evacuation under Article 22 of the Criminal Act is considered to have been considered as an act to avoid danger. As such, this is examined.

"Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and which act is not contrary to social norms, and the illegality of a certain act should be avoided as a legitimate act that does not violate social norms, and it should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interest and the infringed interest; (iv) balance between the protected interest and the protected interest; and (v) supplementary nature that there is no

In addition, the emergency evacuation under Article 22 (1) of the Criminal Code refers to the act that has considerable reason to avoid the present danger to one's own or another's legal interests, and in order to constitute "an act with considerable reason", first, the escape act shall be the only means to protect the legal interests in danger, second, the method to inflict the minor damage on the victim, third, the benefits preserved by the escape act shall be more superior to the benefits infringed by it, and fourth, it shall be the method to protect the legal interests in danger.

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