A. The Defendant of mistake of facts is not guilty of driving a vehicle, but only with a wallet that had been on the other hand, although the Defendant was guilty of drinking.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court in accordance with the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant is fully recognized as driving a car while under influence of alcohol as stated in the instant facts charged.

Therefore, the defendant's above assertion of mistake is without merit.

① At around 09:30 on March 14, 2015, the lower court’s witness E parked a vehicle from the investigative agency to the lower court’s trial, but the other vehicle was not parked on the side of the damaged vehicle at the time of parking. After parking, the damaged vehicle was destroyed and the damaged vehicle was parked on the side of the damaged vehicle. The damaged vehicle was found to have been parked. The Defendant confirmed the damaged vehicle and the Defendant’s vehicle, and the female-friendly vehicle was reported to the police by the Defendant, and the Defendant was reported to the Defendant at the time of carrying out the insurance.”

E finds the fact of damage, the circumstances in which the defendant was designated as the perpetrator, and the following circumstances are specific and consistent, and the explanation of the situation is reasonable.

② The police officer F called to the effect that, upon receiving the report of E’s female-friendly movement, the Defendant was able to park a vehicle with a wrong parking at the time of leaving the court of original instance.

'Written Statement'.

In the case of a circumstantial statement of a driver signed by the defendant, the driver shall also be an engine.