A. Since the defendant mistakenly drives a victim's motor vehicle as a motor vehicle owned by the defendant, there was no intention to use the motor vehicle illegally.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be acknowledged that ① a motor vehicle owned by the victim who driven by the defendant was a motor vehicle with a low color test in 2006, a motor vehicle owned by the defendant was a motor vehicle with a low color test, ② the defendant was driving the motor vehicle owned by the victim to the outer range in the Yellow Sea and Seogdogri, and caused an accident where the central separation zone was formed by driving the motor vehicle at the time of Seogsan, and ③ the defendant was driving the motor vehicle at the time of the dispatch by the police officer of the above accident, and the driver was locked in the driver's seat at the time of the above accident, and the head of the vehicle was occupied in the state of

In light of the following circumstances that can be seen by the above recognition, the vehicle owned by the Defendant and the vehicle owned by the victim may not be mistaken for the same lane depending on the type, color, form, and structure of the vehicle, and the instant two vehicles are different from the internal structure and engine displacement, and the Defendant appears to have easily known that the above vehicle was not one’s own automobile, even though it is recognized that the Defendant was a considerable amount of alcohol at the time of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the accident, but it appears that the victim’s recognition status was not lowered or weak to the extent that the victim’s vehicle was to be mistaken for the vehicle owned by the Defendant. In full view of the fact that the victim’s vehicle was not one’s own vehicle at the time.