The defendant shall be innocent.

1. On April 21, 2016, the Defendant, while under the influence of alcohol at around 00:33, driven a Crocketing motor vehicle at approximately 2 km section from the front of the Green Gas Station located in 1315 with emultantan in 1315, to the erode intersection in the same erode Republic of Korea.

2. Determination

A. Although the Defendant’s assertion by the defense counsel was under the influence of alcohol, it constitutes an act of avoiding violence from D and constitutes an act of necessity.

B. Determination 1) In order to constitute “an act with reasonable grounds” under Article 22(1) of the Criminal Act refers to an act with reasonable grounds to avoid the present danger of one’s own or another’s legal interests. In this context, the act of escape must be the only means to protect the legal interests in danger, the act of escape must be the only means to protect the legal interests in danger, the second victim must choose the most minor damage. Third, the profit preserved by the act of escape should be more superior than the profit infringed by it. Fourth, the act of escape must be a proper means in light of social ethics or the overall spirit of legal order (see, e.g., Supreme Court Decision 2005Do9396, Apr. 13, 2006). Based on these legal principles, comprehensively considering the following circumstances, the defendant’s act of driving as stated in the facts charged of this case as a means to avoid the present danger of his/her physical interests.

① The Defendant saw that he had a cafeteria on the day of the instant case that he had a cafeteria with scams. However, since D (59 years of age, south) had a 12-day night, the Defendant she had a drinking with other persons other than those who he was aware of, and she had a drinking with the Defendant.