A. misunderstanding of facts: (a) the Defendant completed meals at the Han Doldong cafeteria located in Geum-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant restaurant”) with his wife and children; (b) the time when the Defendant settled food with a credit card through children on November 2, 2012, when he 20:12 or 20:20 on the same day after he gets drinking; (c) left the instant restaurant; (d) the Defendant was exposed to drinking control on the same day at around 20:30 on the same day; and (e) the Defendant was found to have taken a drinking test at around 20:38 on the same day; and (e) the Defendant was found guilty of the alcohol content of the instant restaurant at around 20:30 on the ground that he did not hear the alcohol content of the instant restaurant at the time of the Defendant’s final drinking; and (e) the lower court did not err by misapprehending the Defendant’s drinking content at least 20:5 meters on the road at which he was declared guilty at that time.

B. In light of the fact that the Defendant served as a taxi engineer and resigned on July 18, 2013, which was following the sentence of the lower judgment, and that there are circumstances in which the Defendant was economically difficult, the sentence imposed by the lower court (one million won of a fine) is unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the details of detection (for drivers) by D, a traffic control police officer, after the blood alcohol measurement in this case, issued to the Defendant, are as follows: < Amended by Presidential Decree No. 2424, Nov. 20, 2012>