The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인(원심 판시 무죄부분에 관하여) 피고인이 경찰에 적발될 당시는 일몰 2시간이 경과하여 캄캄한 상태였고, 피고인은 만취상태여서 균형감각 상실로 경사로에서 무거운 오토바이를 끌고 몇 미터조차 가기 어려운 상태였던 점, 피고인은 현장에서 횡설수설하며 신고를 받고 출동한 경찰관들에게 운전사실을 인정하였다가 부인하기를 반복한 점 등에 비추어 보면, 피고인이 이 부분 공소사실 기재와 같이 오토바이를 운전한 사실이 인정된다.

Nevertheless, the court below found the defendant not guilty of this part of the facts charged, and there is an error of misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of 1.5 million won) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the ex officio prosecutor, the prosecutor applied for changes in the indictment to "0.205% of blood alcohol concentration" among the facts charged in the case [2014dan402] "0.205% of blood alcohol concentration" and "Article 148-2 (2) 1 of the Road Traffic Act" among the applicable provisions of the case, "Article 148-2 (2) 2 of the Road Traffic Act" respectively. Since this court permitted this and changed the subject of the judgment, the judgment of the court below cannot be maintained as it is.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction.

3. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) Violation of the Road Traffic Act (Operation by Drinking) and the Road Traffic Act (Unlicensed Defendant, without obtaining a motorcycle driver’s license, without obtaining a motorcycle driver’s license; (b) around November 1, 2014, at approximately KRW 100 meters away from the 100-meter section from the G front of the G in Yangju-si to the front day of the HH in Yangju-si, while under the influence of alcohol at around 0.199% of the blood alcohol concentration on November 1, 2014.