The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the defendant's own risk of traffic accident is caused by the defendant's own act, since the defendant's dismissal of the defendant's motor vehicle to the representative engineer who was driving the defendant's motor vehicle under the influence of alcohol.

In addition, at the time of the case, the defendant was the only means to avoid interference with the passage of the vehicle, because he was able to request the driver to drive immediately, so the driving of drinking was the only means to avoid interference with the passage of the vehicle.

shall not be deemed to exist.

In addition, the defendant has been driving more than 210 meters away from the short distance because there is a safety zone that is able to stop at a point beyond the high speed, so that it could prevent the flow of traffic by stopping the vehicle on the part.

In light of the above circumstances, the Defendant’s act of driving the instant drinking lacks the requirements of reasonableness of emergency evacuation.

Therefore, the judgment of the court below which acquitted the defendant on the ground that the drinking driving of this case does not constitute an emergency escape and thus, it is erroneous in the misapprehension of legal principles as to the requirements of emergency escape, which affected the conclusion of the judgment.

2. Determination

A. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that the Defendant’s drinking driving of alcohol constitutes an emergency escape and thus, the illegality of the act constitutes an emergency escape.

① At the time, the Defendant was a substitute driver F to drive on his behalf before driving alcohol of this case.

2. The defendant's complaint against the defendant's speech and behavior is opened by F and set up on a high-priced roadway.

③ The F places where vehicles drive a vehicle are located is limited to a downway where vehicles get off at approximately 400 meters away from the right line to the right line, and the vehicle’s vehicle’s vehicle’s health and accident risk is significant due to the said stop.