A. In fact, the Defendant was aware of drinking alcohol at the time of the instant case; however, H, the Defendant’s wife, was carrying the Defendant and driven the instant soft vehicle to “E Kafe”, and I was able to do so.

Since F's statement that the defendant considered the driver's vehicle driving is false, the court below found the defendant guilty against the defendant was erroneous.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the following circumstances revealed by the court below after compiling the evidence duly admitted and investigated by the court below, namely, ① the defendant responded to a drinking test at the time when the defendant was under the influence of alcohol, ② confirmed the report on detection of the driver at the time when the driver was under the influence of alcohol and the report on the circumstances of the driver at the State, ② the defendant refused the request of the investigative agency for a false detection of the driver at the time of the case, ② the defendant's wife rejected the request of the investigative agency for a false detection of the driver at the time of the driver at the time of the case; ③ the defendant's wife was on the vehicle at the Spapath for drinking to the defendant, and the defendant was dissatisfied with the sobrith, thereby getting the defendant under the influence of alcohol to the "Ek page", and then left the above Spath vehicle at the above vehicle without any justifiable reason, and went to the residence.

However, it seems to be very exceptional that her husband left a 35-minute distance (from “E car page” to the residence of H) from the Do to the 35-minute by parking the vehicle in the parking lot even though her husband is not able to drive under the influence of alcohol, it appears to be very exceptional. ④ H was not in a currency with the Defendant at the time of the instant case, and around 11:00 on September 28, 2015, the following day was left by the Defendant.