The defendant, at the time of misunderstanding the facts, was not measured even though he was put in a normal drinking measuring instrument at the time of misunderstanding the facts, and there was no fact that the defendant refused to measure drinking.

The sentence of a fine of 4 million won imposed by the court below on the defendant is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the defendant parked a motor bicycle around 17:30 on June 25, 2015, caused an accident involving the front vehicle parked at that time and the police officer called out to the scene; ② The report on the statement of the drinking driver's situation against the defendant prepared by the control police officer at the time of the instant case is called the motor for drinking and meetings; ② the kind of drinking and drinking volume column as the "three illness" in the speech and drinking column; ② the statement of the court below was written in the driver's blood column as "non-freshion," and the statement of the court below was written in the driver's blood column as "non-fresh, red," and ③ the police officer suspected of drinking driving was found guilty of refusing to respond to the investigation by the defendant at the time of measuring the drinking alcohol level on the same day, ④ The defendant's non-freshing evidence at the time of measuring the drinking level by 13rd.