A. The Defendant’s act of misunderstanding the facts and misapprehension of the legal principles constitutes an inevitable act to avoid violating the duty of prohibition of stopping and parking on an expressway, etc. as provided in Article 64 of the Road Traffic Act, or an act based on Article 66 of the same Act, which constitutes a justifiable act under the Criminal Act, and ② an act of considerable reason to avoid the danger of the Defendant or other drivers due to verbal abuse and assault committed by the above C, and constitutes an emergency escape under the Criminal Act, and thus, constitutes a violation of law by misunderstanding the facts or misunderstanding the legal principles.

B. Even if the conviction of the sentencing is found to be unfair, the sentence of the lower court (3 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the appellate court as to the assertion of misunderstanding the facts and legal principles, the Defendant: (a) at the time, the Defendant was driving a substitute driver C with the rear seat; (b) at the time, the Defendant did not use the Young-dong bridge North Korea; (c) later, he was using the Olympic Team as a personal idea; (d) C stopped at a point where C starts with the lane where C moves into the Asan hospital as the Olympic Games; (b) the Defendant and C were standing a dispute with each other in a fixed state; (c) the Defendant demanded C to get off the vehicle on the front seat; and (c) the Defendant requested C to have a substitute driver on the front seat; and (c) made a conflict with each other; and (c) the Defendant was able to express his desire and resolve the dispute.

C was demanded to leave the vehicle at C, and C was coming from the vehicle, ④ The defendant was seated in the driver’s seat, and C was apprehended to be mixed with the defendant, and ⑤ the defendant was the vehicle.