A. In full view of the mistake of facts or misapprehension of legal principles (the part of the judgment of the court below) B urban buses (hereinafter “the bus of this case”) video products and the statement of the bus driver of this case, the defendant can be recognized as driving the bus of this case.

Nevertheless, the judgment of the court below which acquitted the Defendant on the ground that it is difficult to deem that the Defendant was driving the bus of this case at the time when the Defendant was demanded to take a drinking test.

B. The lower court’s sentencing (fine 7,000,000) of the second instance judgment (the part of the lower judgment on the second instance) is too uneasible and unreasonable.

2. The prosecutor filed each appeal against the judgment of the court below against the first and second instances of ex officio destruction following the consolidation, and the court decided to hold two appeals together for a trial.

However, this Court dismissed the prosecutor's appeal against the judgment of the court of first instance that acquitted as follows.

In the judgment of the court below of the second instance, a separate punishment shall be determined and sentenced for crimes recognized in the judgment.

Therefore, the judgment of the court below in the first and second cases shall be judged separately on the ground of the consolidated hearing without making an ex officio reversal.

3. Judgment on misconception of facts or misapprehension of legal principles

A. On April 26, 2019, at around 21:45, the Defendant was required to put the instant bus into a drinking measuring instrument four minutes in compliance with a drinking measuring instrument for about 20-30 cm on the road in front of the intersection of the hot spring in Busan East-gu, Busan-dong, and after receiving a report thereon at the site, at around 20-30 cm of the said bus under the influence of drinking, the Defendant was required to put the instant bus into a drinking instrument for about 21:50 on the same day, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of drinking, such as the face and trees of the Busan East Police Station C zone in Busan-dong, with a red, snow, and a heromosome, and the he was found to have driven under the influence of drinking, such as the rain distance, around 21:50, around 22:55, around 22:00, around 22205, etc.

Nevertheless, the Defendant.