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. In a case where a substitute driver for mistake of facts drives approximately 5 km (hereinafter “instant section”) from the main restaurant to the control point of the Daejeon Seodong-dong, Seosung-gu, Daejeon (hereinafter “instant section”). However, the Defendant sent a substitute driver to drive a vehicle for the purpose of parking under the influence of alcohol, but the lower court erred by misapprehending the fact that the Defendant was driving the entire section of this case and rendering a judgment.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination:

A. According to each legal statement of the lower court witness D and E, which is a police officer who controlled the drinking driving of the Defendant in a judgment of mistake of facts, the Defendant may have driven the entire section of this case.

However, the following circumstances acknowledged by the record, i.e., the defendant's act of driving on behalf of the defendant at the beginning of the crackdown, the defendant argued that he had consistently asserted it from the prosecution to the trial, and on December 6, 2013, the witness H of the trial room met the defendant with drinking alcohol and drinking alcohol, and requested a substitute driver to pay expenses and drive the defendant's house to him.

At the time, the defendant was under the influence of alcohol and the defendant was fluored to board the vehicle, and the proxy article told the destination.

In full view of the fact that the Defendant made a statement consistent with the Defendant’s argument, the evidence alone presented by the Prosecutor cannot be deemed as having been proven beyond reasonable doubt by the judge as to the fact that the Defendant driven the instant section while under the influence of alcohol, as stated in the instant facts charged, to the extent that there is no reasonable doubt by the judge, and it is insufficient to recognize it solely with the witness D, E’s each legal statement, and the report on detection of the host driver, etc.