Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall be imposed on the defendant.

A. 1) As to the judgment of the court of first instance, the Defendant requested the structure of the police in the state of drinking, but failed to help the police, and driving a motor vehicle in the latter body. The police conducted a drunk driving again by phone call to the Defendant, and conducted a drinking control by sending it to the site, etc. is illegal as it constitutes a naval investigation.

B) As above, the Defendant called 112 and did not receive assistance from the police, but did not have a proxy driving technician in a rare area. The Defendant driven a motor vehicle under the influence of drinking a motor vehicle because it was inevitable for the Defendant to drive a motor vehicle under the influence of drinking a motor vehicle, since it was inevitable for the Defendant to escape from the danger to his/her life and body, it is dismissed as an act contrary to the emergency evacuation and social rules. 2) The punishment of the first instance court (a fine of two million won) sentenced by the court below is too unreasonable.

나. 제2 원심판결에 대하여 1) 사실오인 피고인은 이 사건 선거일 당시 약간 언성을 높이거나 투표용지를 툭 치면서 이장선거에 항의하였을 뿐 공소사실 기재와 같은 행동을 하지 않았다. 2) 법리오해 피고인의 위와 같은 행위는 부당한 선거에 대한 정당한 항의표시로서 정당행위에 해당한다.

3) The punishment (fine 1.5 million won) imposed by the court below of the second instance on the grounds of an ex officio appeal is too unreasonable. 2. The first instance court, prior to the judgment on the grounds of appeal by the court of the second instance on the grounds of an ex officio, completed a separate examination on the grounds of the ex officio under Articles 1, 200, 1, 200, 2013, 1489, 2013, 2013, 1651, respectively, on the grounds of the same court of the first instance as the judgment on the grounds of the ex officio appeal by the court of the first instance.