The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal by the defendant;

A. The prosecutor of J (hereinafter referred to as the “C cafeteria”) in the Namyang-si case where the Defendant was driven by the misunderstanding of facts or misapprehension of legal principles stated the “C cafeteria” in the instant indictment, but the prosecution was instituted by stating the “C cafeteria” as the name of “J”.

The former parking lot does not fall under “road” under the Road Traffic Act.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor added "Articles 37 and 39 of the Criminal Act" to the provisions of the Act applied in the trial of the party, and the charged facts / [criminal records] Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on November 24, 2016, and was sentenced to a suspended sentence of two years for a suspended sentence of one year for a crime of violation of the Act in the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes. On December 13, 2017, the above judgment was finalized, and the written application for permission for changes

The judgment of the court below was unable to maintain as it is, inasmuch as the amendment of the Bill of Indictment was applied for the addition, and the subject of the adjudication was changed by this court.

However, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. Article 2 subparag. 1 of the Road Traffic Act provides that “road” refers to all places used for roads under the Act, toll roads under the Toll Road Act, and other general traffic. In this context, “any place used for general traffic” is an open place for an unspecified person or vehicle traffic, and there is a public nature of general traffic police authority for the purpose of maintaining traffic order.