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The prosecutor's appeal is dismissed.
Reasons
1. At the time of the instant case, the Defendant, at the time of the instant appeal, could request the driver to drive the vehicle, and thus, the Defendant was the only means to avoid interference with the passage of the vehicle.
In light of the fact that the defendant's drinking driving caused the risk of traffic accident, and the defendant's vehicle in his wife could prevent the flow of traffic by stopping the vehicle, the defendant's operation of a short distance of 100 meters failed to meet the requirements of reasonableness of the emergency evacuation.
Therefore, the judgment of the court below which acquitted the defendant on the ground that the defendant's act of driving drinking of this case does not constitute an emergency escape and does not constitute an illegal escape, is erroneous in the misapprehension of legal principles as to the requirements of emergency escape, which affected the conclusion
2. Determination
A. The lower court’s judgment, based on the evidence, determined that the lower court: (a) comprehensively conducted the evidence, and (b) caused the Defendant to drive his/her vehicle E, a substitute driver, along with D, with D, with D, and the Defendant was seated on the lower seat of the vehicle; and (c) the Defendant may no longer drive the vehicle E, while under the influence of alcohol D, with the defect of bathing continuously.
At the same time, E stops part of the vehicle on the road along which the entrance roads of the above apartment is visible to the three-lanes and the three-distance roads of the above apartment, which are located in Seongbuk-gu Seoul East-gu, Seongbuk-gu, Seoul, the Dongdong-gu, Seoul, left the vehicle on the front road of 105, which is located in front of the defendant. At the same time, E stops on the road along the crosswalk. ③ The defendant judges that the other vehicle's vehicle continues to string the string of the string, interfere with the passage of other vehicles, and determined that the vehicle's vehicle's string of the string of the string, would interfere with the passage of the other vehicle, and stop at the same time and stop at the same time until the 100-meter long-distance distance immediately before the passage of the road, and wait with another substitute driver, and then waited with the report of E