The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The defendant, who is guilty of the fact, only sleeps in a motor vehicle and does not drive a motor vehicle.

B. The unfair sentencing of the lower court (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is under the influence of alcohol content of around 13:20 on December 22, 2015 and around 0.128% on blood, and the Defendant driven a car of about 5 meters by approximately C, in the Daejeon Seo-gu Seo-gu women’s parking lot.

B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence in its judgment.

(c)

1) However, the lower court’s decision is difficult to accept as follows.

2) In a criminal trial, criminal facts must be acknowledged based on strict evidence of probative value, which leads a judge to such a degree that there is no room for reasonable doubt.

Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree of such conviction, the interests of the defendant should be determined even if there are suspicions of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable dismissal.

3) The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court and the trial court, namely, ① the Defendant, from the investigative agency to the trial court at the party, she sleeps in neighboring areas, to the new wall on the day of the instant case, and sleep in a motor vehicle.

According to the fact that the defendant's vehicle parked at the edge of the road without driving the steering gear at all, the defendant's vehicle seems to have moved to the front door by five meters, and the defendant's vehicle is not moving to the front door after contact with the damaged vehicle as above, until the police officer who received the accident report is called out.