The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Although the Defendant did not drive a drinkingly, as stated in the judgment of the court below, the court below convicted the Defendant of the facts charged in this case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. On April 28, 2013, the summary of the facts charged in the instant case: (a) around 23:50 on April 28, 2013, the Defendant driven a D1 ton cargo vehicle while under the influence of alcohol alcohol concentration of 0.215% at the center of the Defendant’s house, from the road in front of the Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun to the vicinity of the center of the road.

B. The lower court found the Defendant guilty of the facts charged in the instant case on the grounds of the witness E and F’s legal statement in the lower court, the master driver’s filing report, the circumstantial statement of the drinking driver, the investigation report, the investigation report (Attachment of photographs), and the investigation report (or relative investigation of the police officer and taxi engineer E).

C. (1) The judgment of this court is based on evidence with probative value, which makes the judge feel true to the extent that there is no room for a reasonable doubt, for conviction in a criminal trial. Therefore, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) Around 17:00-18:00 on April 28, 2012, the day of the instant case, the Defendant purchased 1 disease from Schlage on April 28, 2012, and set up 17:0-18:00 to 18:00 on April 28, 2012, and requested a substitute driver by phone to E who operates a private taxi in K after drinking alcohol in the vehicle. While a substitute driver is driving, the Defendant and the party at the lower court were in dispute with the Defendant while driving the vehicle on behalf of others.