A. The Defendant of mistake of facts is merely driving a vehicle C (hereinafter “instant vehicle”) driven by H on the day of the instant case, and the Defendant did not drive the instant vehicle.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

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

2. Determination

A. On July 16, 201, the following facts are acknowledged according to the evidence duly admitted and examined by the court below and the trial court. (A) On July 22:20, 201, the police officer of the Doldong Police Station D police station, which was under the influence of drinking control, demanded a stop on the instant vehicle for the purpose of drinking control, etc., although the instant vehicle stopped, while the police officer of the Doldong Police Station, who was under the influence of drinking control, demanded a stop on the front of the Dolsan Island, which was located in the Doldong-gu, Doldong-gu, the police officer of the Doldong Police Station, which was under the influence of drinking control, proceeded with the instant vehicle at a speed of five meters, while the slope F, which was under the influence of five meters prior to the instant vehicle, again demanded a stop on the instant vehicle.

B) The slope F stated that he was the entrance of the I apartment 206 parking lot at the trial at approximately 1.5 km away from the patrol vehicle of this case (5 km). On the other hand, 209 Dong and 206 Dong are attached to the entrance of the parking lot (7 pages of investigation record). On the other hand, the Defendant was coming to the entrance of the parking lot, and the Defendant was found to go from the side of the instant vehicle parked in the front line in the above parking lot. C) The slope F demanded the Defendant to stop driving, but the Defendant attempted to go fast to the above apartment 206 elevator, and the Defendant tried to go to go fast to the above apartment 206-dong elevator, and it appears that he was aware that he himself had done drinking, such as drinking, at the time of drinking.