A. Since I's vehicle stops at a remote point from the control point, the Defendant did not know that I was suffering from the crackdown on drinking.

In this situation, I would like to be "I will return to the defendant"

“The Defendant was asked to the lower end, and the Defendant was believed to have been suffering from the control later,” and there was no fact that I made a solicitation that I made an implied request for driving of drinking.

Therefore, at the time I left the scene, the defendant did not have the intention to abandon his duties.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months, one year of suspended sentence) is too unreasonable.

2. Determination

A. 1) The following facts are acknowledged according to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts.

A) Around 22:35, immediately before I was under the influence of alcohol, L (MM driver) was under the influence of alcohol first, L was under the influence of alcohol, and L was carrying a vehicle on the right side of the road (on the direction of driving) according to D’s instructions by enforcement officers.

L's vehicle was supported by J.

B) Police E, G, and F began to perform the duty of measurement of drinking alcohol on L after stopping a vehicle in a Spanish site.

The defendant also has been on the string-road vehicle, and found the J, and argued from J that "L drinking was prevented."

C) have followed a motor vehicle of a person L.C.

I was 22:36 light alcohol control and carried a vehicle at a place less than about 20 meters away from the Spoter vehicle according to D's instructions, and there was a difference between J and J and the Defendant's talk.

During that process, the Defendant came to know that L and J had done the work of I, and I told the Defendant that he had her drinking her walth three to four weeks.

D) Defendant 1 stated that she was able to carry a drinking measuring instrument with the patrol vehicle and that she was able to do so, and that she was able to do so thereafter.

The words are I. I.