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. It is true that the defendant misunderstanding of facts and misunderstanding of legal principles driving alcohol, such as the written facts charged in the instant case.

However, at the time, the Defendant was subject to intimidation such as “I wish to kill,” etc. from E and forced to drive the Defendant to escape therefrom, which constitutes an emergency evacuation or a justifiable act.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misapprehending the legal principles as to whether the defendant was guilty or whether the defendant was guilty of an emergency escape or a legitimate act, which affected the conclusion of the judgment.

B. Even if the sentencing is not unfair, in light of the background of the Defendant’s drinking driving, etc., the sentence imposed by the lower court (10 million won) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles (1) "act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall legal order, or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate social norms, should be determined individually by considering the specific circumstances and on an individual basis, under specific circumstances, the motive or purpose of the act, the reasonableness of the means or method, the balance between the interests of protection and infringement, the interests of protection, and the interests of infringement, the fourth urgency, and the fifth supplementary nature that there is no other means or method other than the act.

In addition, the emergency escape under Article 22 (1) of the Korean Criminal Code refers to the act that has a reasonable ground to avoid the present danger to his or another person's legal interests, and the act that constitutes "an act with a reasonable ground" here is the first.