The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is prepared for the Defendant to return to Korea using a substitute driving or taxi while drinking alcohol, and the Defendant was parked in front of the week to avoid the fee during a locking period, and was sitting on the driver’s seat in order to operate the air-conditioning, and was seated on the driver’s seat. However, the speed change engine was in the mid-to-de (N), and the parked place was parked, and the vehicle was pushed down in the state of non-powered power, or the de facto change was turned down to the driver’s seat, and the vehicle was driven. The Defendant did not operate the vehicle by driving the vehicle with an active driver.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles and the evidence duly adopted and examined at the court below and the trial court. ① Operation of a motor vehicle under the Road Traffic Act refers only to the act of driving the motor vehicle by intentionally using it on the road according to its original method of use, and it does not constitute driving if the motor vehicle is in driving without any intention or involvement of a person in the motor vehicle. However, in a case where the external state where the collision occurred while a motor vehicle was driven on the driver's seat and the operation of the motor vehicle was observed, deeming the motor vehicle was in driving according to the original method of use such as the operation by the driver, etc. in light of social norms, it constitutes a reasonable presumption in light of the empirical rule to regard the motor vehicle was in a state of non-powered motor vehicle to have been driven according to the driver's own method of use, such as the situation where the motor vehicle was driven by the driver's engine, or was driven with the operation of the motor vehicle for any purpose other than the operation.