The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case on the premise of the fact that the defendant driven the defendant's vehicle at the time of mistake of facts, and the court below erred in misunderstanding of facts on the premise that the substitute driver driven the defendant's vehicle of this case while driving the defendant of this case.

B. The sentence of the lower judgment on the Defendant of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination

A. According to the records on the assertion of mistake of facts, the following facts are revealed: (i) the Defendant’s vehicle was moving behind the Defendant’s vehicle, and (ii) the Defendant’s vehicle consistently testified before the investigation agency and the court of the court of the court below until the Defendant’s trial; (iii) the Defendant’s driver’s face at the time of the investigation agency stated that the Defendant’s face is identical to that of the Defendant’s vehicle at the time of the investigation agency; and (iv) the Defendant’s driver at the court of the court of the court below stated that he was the person driving the Defendant’s vehicle even though the driver’s face at the time of the court of the court of the court below did not memory the Defendant’s face; (iv) the Defendant’s driver at the time of the court of the court of the court below stated that he did not escape or did not have any fact; (iv) the Defendant’s driver was present at the time of the court of the court of the court of the court below to witness the Defendant’s cab; and (v) the Defendant did not make a statement on the Defendant’s taxi at the time of the court below.