All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) While there was a fact that the Defendant was driving at the time and place of emergency evacuation and a political party act in drinking conditions, it was inevitable to secure the passage of vehicles entering the parking lot by residential lending parking lots, and the judgment of the court below which did not recognize the grounds for denying such illegality, even though it constitutes an act of emergency evacuation or legitimate act, is illegal. 2) The sentence of the court below on the grounds of unfair sentencing (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The phrase “act that does not violate social rules” under Article 20 of the Criminal Act as to the determination of the emergency evacuation and the assertion of a justifiable act refers to the act that is acceptable in light of the overall legal order, or the social ethics or social norms surrounding it, and whether a certain act is justified as a justifiable act that does not violate social norms, and thus, the illegality should be determined individually by reasonably and reasonably considering the specific circumstances. Thus, in order to recognize such a justifiable act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementaryness that there is no other means or method other than

In addition, the emergency evacuation under Article 22 (1) of the Criminal Code refers to the act that has considerable reason to avoid the present danger to one's own or another's legal interests, and in order to constitute "an act with considerable reason", first, the escape act shall be the only means to protect the legal interests in danger, second, the method to inflict the minor damage on the victim, third, the benefits preserved by the escape act shall be more superior to the benefits infringed by it, and fourth, it shall be the method to protect the legal interests in danger.