The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since misunderstanding of facts or misunderstanding of legal principles, the Defendant, along with the Defendant, allowed a drunk driving to be inevitably conducted in order to bring G to the hospital by mixing the instant self-owned goods with the Defendant at the main point, so the instant drunk driving constitutes an emergency evacuation, and thus, the illegality of the instant drunk driving is dismissed.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 10 million) is too unreasonable.

2. Determination

A. (i) Determination on the assertion of necessity of necessity of necessity of necessity of Article 22(1) of the Criminal Act refers to an act with considerable reason to avoid current danger to one’s own or another’s legal interests. In this context, “an act with considerable reason” should be the sole means to protect the legal interests faced with 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 benefits preserved by the act of escape should be more superior to the benefits so infringed, and fourth, the act of necessity of necessity of appropriate means in light of social ethics or the overall spirit of legal order.

(See Supreme Court Decision 2005Do9396 Decided April 13, 2006, etc.). According to the evidence duly admitted and examined by the court below and the court below, it is recognized that G, who had drinking alcohol in the main place of the instant case with the Defendant on the day of the instant case, lost his own mind due to the symptoms of acute alcohol addiction, mental and behavioral disorder, and that the Defendant was driving the instant drinking alcohol in order to take approximately 300 meters away from the main place where he had drinking alcohol to a hospital (D hospital).

However, according to the evidence examined above, the defendant does not take any other relief measures as follows: (i) the defendant appears to have sufficiently been given an opportunity to rescue G by requesting the support of the surrounding persons or reporting it to the 119th.