The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In order to find a means to return home, the Defendant was on board a vehicle and did not drive the vehicle, and the actual blood alcohol concentration did not reach 0.123%.

(2) In the appeal petition and the appellate brief, the Defendant did not explicitly dispute whether the blood alcohol level is driving or not. However, since the Defendant asserted this point in the trial hearing opinion submitted by the trial court by appointing an attorney at the court, all of the grounds for appeal are examined as the grounds for appeal. Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misconception of facts.

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

2. When the prosecutor changes the bill of amendment to the indictment at the trial of the court below, the prosecutor changed the time of the crime from “05:40 to “00” to “05:00,” and applied for the amendment of the indictment to the same effect as the facts charged in the following and the applicable provisions of Article 148-2(2)3 and Article 44(1) of the Road Traffic Act to the effect that “Article 148-2(2)3 and Article 44(1) of the Road Traffic Act are added.

However, as seen below, inasmuch as this court found the Defendant not guilty of the primary charges and found the Defendant guilty of the charges added in preliminary charges, the judgment of the court below that only the previous primary charges can no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts as to the primary facts charged is still subject to the judgment of this court.

3. Judgment on the primary facts charged

A. The summary of the facts charged is about 10 meters from May 6, 2018, the Defendant, at around 05:00, from the front day of the Seojin-gu Seoul Metropolitan Autonomous City B to the front day of the “D” located in Seojin-gu Seoul Metropolitan City.