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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) was found to have caused the danger in light of the situation before and after the time of the instant case, and the Defendant was driving the vehicle with the intention to escape. The Defendant did not have the intention to drive the vehicle
2. Determination
A. In order to constitute “an act with reasonable grounds” under Article 22(1) of the relevant legal principles refers to an act with reasonable grounds 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, and the act of escape should be the only means to protect the legal interests in danger, second, the method of causing the most minor damage to the victim. Third, the profit to be compensated by the act of escape should be more superior than the profit to be infringed upon, and 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 2010Do13609, Jun. 13, 2013). Meanwhile, as the premise of the ground for the denial of illegality, the so-called “defensive” refers to a case where an act was committed with the intent to escape because of the existence of such an act despite the absence of current danger as to one’s own or another’s legal interests
In order to eliminate the intent or responsibility of an actor as it constitutes an intentional escape, first, there should be situations where the actor is objectively aware that there is a present danger to his or another person's legal interests, second, subjectively, the act should be the case where the actor believed that there is such danger situation and wishes to escape. Third, the degree of the act of escape should be reasonable in light of the social rules.
In determining this, the attitude of the other party at the time of the act and the background, means and result of the act.