The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s act of misapprehension of the legal doctrine constitutes “an act that does not contravene social rules” under Article 20 of the Criminal Act as it occurred in the course of escaping from the victims.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for amendments to the indictment stating that “Article 39(1) of the Criminal Act” was applied to the applicable provisions of the defendant in the trial, and that “the defendant was sentenced to imprisonment on April 19, 2016 by the Daegu District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) and the judgment became final and conclusive on October 19, 2016” was changed by granting permission.

However, the defendant's assertion of misunderstanding legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

3. “Act which does not contravene social norms” as stipulated in Article 20 of the Criminal Act regarding the assertion of misapprehension of legal principles refers to an act which is acceptable in light of the overall spirit of legal order, social ethics, or social norms, and 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 an act which does not contravene social norms.

Therefore, in full view of the details and result of the Defendant’s criminal act indicated in the record, method of the criminal act, the relationship between the Defendant and the victims, etc., the Defendant’s act constitutes “act that does not contravene social rules” under Article 20 of the Criminal Act.