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(영문) 춘천지방법원 2014.10.08 2013노1028
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant case, the Defendant was seated on the top of the CKaxa vehicle, and the accompanied person was seated on the driver’s seat, but the parked place was turned down, and thus, the accompanying person was boomed with the boom, citing a sense that the vehicle was pushed down.

However, as the Defendant's vehicle was pushed ahead in the future, it became in contact with the low-priced vehicle that was parked in the front.

In this situation, in order to prevent additional accidents and damage, it was inevitable for the defendant to resume the vehicle again, and since the accompanying person who was seated in the driver's seat did not go ahead of the driver's seat, the defendant inevitably left the vehicle behind about 50 cm by the driver's seat.

In other words, in order to prevent the occurrence of accident and damage, the defendant only passed a minimum distance from the perspective of adjusting the distance with the vehicle in front of contact in a situation where there is no other means. Therefore, the defendant's act is a justifiable act that does not go against the social rules and is not illegal.

2. The Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part of “decision on the Defendant’s and his defense counsel’

Examining the above fact-finding and judgment of the court below after comparing them with records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no violation of law affecting the conclusion of the judgment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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