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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Although the defendant's act in the summary of the grounds for appeal should be deemed to be dismissed as it constitutes an emergency evacuation or a legitimate act, the court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged is around 02:29 on November 22, 2013, the Defendant driven a C vehicle of about 10 meters in a 196-meter fluored fluoral fluor before the fluoral fluor under the influence of alcohol content 0.059% (0.059%).
B. The lower court affirmed the Defendant’s assertion on the ground that the Defendant’s act constituted a self-defence and an emergency evacuation, based on the evidence submitted by the Prosecutor, found the Defendant guilty of the instant charges based on the following: (a) the Defendant and proxy driving engineer D were in dispute during the vehicle operation; (b) the Defendant was waiting to leave the vehicle in which the Defendant was waiting; and (c) the Defendant demanded to drive and move the vehicle thereafter; and (d) the Defendant’s act constitutes a self-defence and thus, (e) the Defendant’s act cannot be deemed an emergency evacuation.
C. In order to constitute “an act with reasonable grounds” under Article 22(1) of the Criminal Act for the first instance judgment, the act of escape must be the only means to protect the legal interests in danger, the act of escape should be the only means to protect the legal interests in danger, and the second victim should be the method to inflict the minor damage. Third, the profit to be compensated by the act of escape should be more superior to the profit that is infringed, and fourth, the act of escape must be the appropriate means in light of social ethics or the overall spirit of legal order.
(See Supreme Court Decision 2005Do9396, Apr. 13, 2006). Based on these legal principles, the health unit, the lower court, and the lower court’s judgment regarding the instant case.