The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to facilitate the boarding of a substitute engineer at the time of the instant case, the Defendant changed the flag to a neutral zone without turning on the starting in the instant vehicle, and moved approximately 60-70 cc of the instant vehicle using a slope on the ground.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of fact, i.e., the present site at the time.

F The Defendant was on board the instant vehicle and stated to the effect that the Defendant was gleeped with its headlight (the trial record No. 58 of the trial record) and 2 at the instant site.

G likewise, as in Gdo, the instant vehicle turned on the starting of the vehicle at the time of moving, and the moving of the engine was known to the effect that the instant vehicle turned on the engine, and the Defendant stated to the effect that it turned on the vehicle head when she walked on the said vehicle (the trial record No. 66 of the trial record), ③ The Defendant argued to the effect that, since the head of the instant vehicle turns on after the dispatch of police officers, F and G statements cannot be believed. However, according to the vehicle photographs taken on the instant vehicle on the site, the head of the instant vehicle turned on the head of the instant vehicle (Evidence No. 13-14 of the evidence record), even according to the CCTV screen taken on the instant site at the time, the instant vehicle head turned on the front of the instant vehicle, and it was confirmed that the instant vehicle turns on the moving of the vehicle (0:06 through 00:11 of the trial record), it is not reasonable to recognize the above fact that the Defendant turned on the vehicle under the influence of alcohol.

B. As to the unfair argument of sentencing, the defendant is punished or fined for the same crime.