A. After misunderstanding the fact that the Defendant was represented by a substitute engineer, the Defendant saw the vehicle in order to turn on the air condition within the vehicle (hereinafter “instant vehicle”). However, since the Defendant was entering the first place at that time, the vehicle in this case was parked in front of the future regardless of the Defendant’s will and was parked in the future (hereinafter “victim”).

Therefore, the judgment of the court below which found the defendant guilty on the ground that the defendant did not drive the vehicle of this case due to the intention of driving, is not a crime of violation of the Road Traffic Act.

B. The lower court’s sentence of unreasonable sentencing (fines 6,00,000) is too unreasonable.

2. Determination:

A. According to the following circumstances, which are acknowledged by the court below as being comprehensively taken into account the evidence legitimately adopted and examined as to the assertion of mistake of facts, namely, the black image installed on the damaged vehicle in front of the instant vehicle, the Defendant, after opening the vehicle operation in front of the instant vehicle, has driven the instant vehicle in the direction to the right-hand side of the Defendant, and immediately followed the brate, followed the Defendant’s vehicle by driving the instant vehicle in the left-hand side and driving the instant vehicle. It is evident that the Defendant driven the instant vehicle with his intention to drive.

Therefore, since the Defendant driven the instant vehicle while under the influence of alcohol concentration of 0.24%, the Defendant committed a violation of the Road Traffic Act (driving) with respect to the Defendant, and there is no error of misunderstanding of facts in the judgment below that made the same conclusion, the Defendant and his defense counsel’s allegation of mistake of facts is without merit.

B. It is true that there is an element of sentencing favorable to the defendant, such as that the distance of the defendant's driving is about one meter, etc., but the defendant is the defendant.