The defendant shall be innocent.

1. At around 16:50 on July 20, 2016, the Defendant sold a car transit using a mobile-sale vehicle in the D gas station located in Busan-gun, Busan-gun, which is operated by the Defendant, with a vehicle for vehicle transit: 【750 ml. (legal standard: 【750 ml., 0.75% based on 100 ml. 【750 ml., 0.75%) - 850 ml., which is an error in use.

2. According to the following circumstances revealed by the evidence examined by the court below, the defendant directly and intentionally sold petroleum below the fixed quantity.

There is no evidence to conclude.

① On July 20, 2016, three Korea Petroleum Institute Employees G et al. inspected alcoholic beverages attached to the instant mobile-sale vehicle at the gas station operated by the Defendant, and the first -850 m3m3, the second -950m3, and the second -950m3.

The prosecutor prosecuted the defendant on the basis of these results of the examination.

② However, the instant alcoholic beverage was judged to have passed a regular test on January 20, 2015, and the validity period of the determination of passing a regular test remains two years, and the validity period of the instant alcoholic beverage remains six months.

In addition, there is no trace of illegal alteration due to the damage of seals caused by the certification of the alcoholic beverage of this case.

③ On January 24, 2016, the Defendant requested H (representative I) to conduct a self occasional inspection, and confirmed that there is no fault as a -650 lock.

④ The Defendant, as the representative of the gas station of this case, is the employer and the J of the gas station at the time of this case, seems to have been managing the gas station.

3. Therefore, the facts charged in the instant case constitute a case where there is no proof of facts constituting the crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.