A. Fact-finding: The defendant has not committed a crime stated in the facts charged.

B. Legal principles: The defendant was put in the customer support room to file a civil petition due to a problem in the operation of the preceding vehicle at the time, and thus, it constitutes a legitimate act under the Criminal Act, which is reasonable to the extent permitted by social norms.

C. Unreasonable sentencing: The sentence of the court below (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the facts charged of this case is found guilty.

Therefore, the defendant's above assertion is without merit.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, it is recognized that the time of the occurrence of the instant case was at which the operation of the previous car was at issue and there was a civil petition for this reason.

However, at the time, the customer support room employees are engaged in night work, such as providing information on the termination of the vehicle, helping the customer with the wheelchairs work, etc., but the defendant requires the defendant to issue a certificate of receipt of civil petition in a form that does not exist while being under the influence of alcohol while filing a civil petition, and the defendant's civil petition is transferred to the department concerned for the treatment of the civil petition, and the head of the division who has failed to properly guide the customer support room to take measures immediately despite being informed that he/she will take measures immediately despite being informed that he/she will withdraw appropriate measures, such as the removal of the vice head who has failed to properly guide the customer support room, even after the work of the customer support room is completed.

It is recognized that the police officer has refused to comply with the Gu, has been arrested as a flagrant offender by the victim's report, and has come to the customer support room.

In light of these facts, the motive or purpose of the defendant's act is required in the legitimate act.