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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that there were other vehicles waiting in the opposite direction of the vehicle driven by the defendant (in relation to emergency evacuation and political party act), the defendant's drinking driving act should be dismissed as an emergency evacuation or a justifiable act, and thus, it was difficult for the defendant to have the vehicle left the vehicle urgently for the smooth flow of traffic, and that it was difficult for the representative engineer to not drive the vehicle, or allow another representative engineer to drive the vehicle in light of time and location, and that it was difficult for another representative engineer or to allow another person to drive the vehicle, without delay, after the defendant was absent from the vehicle with the distance of the vehicle and 3 meters, and the degree of the driver's driving was not excessive, the defendant's drinking driving act should be dismissed as an act of emergency evacuation or political party act, but the court below erred in the misapprehension of legal principles and thereby adversely affected the conclusion of the judgment.
B. The sentence (one million won of fine) imposed by the lower court on the ground of unfair sentencing is too unreasonable.
2. Determination
A. In order to constitute “an act with considerable reason” under Article 22(1) of the Criminal Act, the relevant legal doctrine on mistake of facts and misapprehension of legal principles (A) refers to an act with considerable reason to avoid the present danger to one’s own or another’s legal interests. The act of escape must be the only means to protect the legal interests in danger, and the latter must be the only means to protect the legal interests in danger, and the latter must be the most minor damage to the victim. Third, the benefits preserved by the act of escape should be more superior to the benefits infringed by it. Fourth, the act of escape must meet the requirements such as necessity to be appropriate means in light of social ethics or the overall spirit of legal order.
Supreme Court Decision 2006No. 1306.