The defendant shall be innocent.

1. The Defendant is a person who is engaged in driving a Purle car.

On March 18, 2016, while under the influence of alcohol of 00:58, the Defendant driven the said car from the section of the section of 500 to the front road of the road in Seongbuk-gu in Seoul, Seongbuk-gu, Seoul, from 105-dong-gu, 248, at the same time, from the 105-dong-gu, Seongbuk-gu, Seongbuk-gu, Seoul.

2. Determination

A. In order to constitute “an act with considerable reason” under Article 22(1) of the Criminal Act refers to an act with considerable reason to avoid the present danger of one’s own or another’s legal interests. The act of escape should be the only means to protect the legal interests in danger, the act of escape should be the sole means to protect the legal interests in danger, the second method to give the most minor damage to the victim. Third, the profit compensated by the act of escape should be more superior to the profit that is 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.

B. (Supreme Court Decision 2005Do9396 Decided April 13, 2006, etc.).

In this case, according to the records, the defendant completed a meeting, and caused the defendant to drive his own vehicle, E, a substitute driver, along with D, with D, and D, and D, with D, with the back seat, while D under the influence of alcohol continuously failed to drive it any longer, E stops a vehicle on the front road of 105 vehicle in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, and stops a vehicle on the front road of 248, and left the front of the defendant. At that time, E stops a part of the vehicle on the road where the access roads of the above apartment are 3-lane and the access roads of the above apartment, with the passage of the above apartment, to the extent that it does not obstruct the passage of other vehicles.