The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, who was under the influence of alcohol at the time of the instant case, was guilty of the Defendant on the ground that he operated the vehicle with the intention of driving, and did not move the vehicle with the intent of driving. The lower court erred by misapprehending the legal principles on the facts.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of fact 1) The lower court determined that the proxy engineer F operating the Defendant’s vehicle at the time of the instant case was the key of the said vehicle by attaching the Defendant’s vehicle to the studs front of the studs in Ulsan-gu, Ulsan-gu, and driving the vehicle to the studs in front of the studs in Ulsan-gu.

The statement to the purport that "" is stated, the defendant was moving to the driver's seat after the representative of the defendant was left, and the defendant was moving to the driver's seat after the accident, and E, a witness of investigation agency and court of original instance, "E, a witness, was parked in front of the studio with the driver's seat," and there was a smelling.

At the first time, the above vehicle was attached to the telegram, but the defendant was driving a motor vehicle and removed from the ballate pedal.

“A relatively consistent statement was made to the effect that it was “,” and in fact, around June 25, 201, around 00:01, the Defendant’s vehicle obstructed the studio sckeway, and the Defendant was suffering from the vehicle.

The same shall apply to drinking drivers.

“The 112 Report was made to the effect that it prevents a person from driving at around 00:04 on the same day.”

’ 는 취지로 112 신고를 했던 점, ㉣ 경찰이 현장에 출동할 당시 피고인의 차량은 전봇대와 약 3m 가량 떨어져 있었는 바, 이는 위 E, F의 각 진술에 부합하는 점 등을 종합하면, 이 사건 당시 피고인이 술에 취한 상태로 차량을 운전한 사실을 충분히 인정할...