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;

A. Defendant (1) misunderstanding of the facts or misunderstanding of the legal principles (A) was merely a string of a vehicle to drive a string in order to turn on a stringer by drilling the date at the time of the instant crime, and the Defendant did not walk the vehicle for the purpose of driving the vehicle or operated the exhaustr for the purpose of driving the vehicle. As such, the Defendant driven the vehicle in accordance with the original usage of the vehicle.

In addition, there was no intention to drive the defendant.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

(B) The family defendant driven a vehicle

Even if the defendant's vehicle driving time is between 1:50 minutes and 2: on the other hand, the time when the defendant measured drinking by the breath measurement method is 2:37 minutes, and the alcohol concentration in the blood of the defendant at the time of the breath measurement was risen.

Therefore, it cannot be deemed that the alcohol concentration in blood reaches 0.179% at the time of the Defendant’s driving.

(2) The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for each appeal by the Defendant and the prosecutor, prior to the judgment on the ex officio, the Prosecutor examined the facts charged in the instant case, and the Prosecutor applied for the amendment of the indictment with the purport that “the Defendant driven an E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

However, the defendant's assertion of mistake and misapprehension of legal principles still exists in the court's determination of facts despite the above reasons for reversal.