The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case by misapprehending the legal principles is deemed to operate a short distance under the influence of alcohol in order to prevent the passage of other vehicles, and thus, the illegality is dismissed as it constitutes a justifiable act. The crime of this case by misapprehending the legal principles is deemed to fall under a justifiable act and thus, it constitutes a lawful act.

B. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. “Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected interest and the infringed interest, urgency, and supplementary nature that there is no other means or method other than the act, it constitutes a justifiable act.

I would like to say.

(see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2004Do8530, Feb. 25, 2005). The evidence duly adopted and examined by the lower court and the following circumstances recognized by the lower court: ① the place where the Defendant driven the instant vehicle under the influence of alcohol is a side road, and the vehicle is parked at both edges of the road, the width is wide enough to enable both directions to walk; ② the F driven the instant vehicle at the Defendant’s request, and parked the vehicle in the Defendant’s place near the Defendant’s house. According to the on-site survey map prepared by the police officer, it cannot be deemed that F was erroneous to obstruct the passage of another vehicle. ③ The Defendant at the police station.