The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Reasons for appeal

A. The Defendant, while under the influence of alcohol, was guilty of the violation of the rules of evidence and the trial failure, even though he did not drive the traditional kickboard near the speed kick, as stated in the facts charged in this case, even though he did not drive the traditional kickboard, he did not err in the violation of the rules of evidence and the trial failure.

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

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to whether the defendant driven the electric kick, while under the influence of alcohol, the defendant can be found to have driven the electric kick, as stated in the facts charged in this case. Thus, the court below's above purport is just and there is no illegality in violation of the rules of evidence and the trial failure, contrary to the defendant's assertion.

Therefore, this part of the defendant's and defense counsel's assertion is without merit.

The road was set up at approximately 56 meters away from the location of the accident of this case, and was sloping.

According to CCTV images, it is confirmed that the 27 seconds of the video in the early 27 seconds of the adult, who is moving to the point of the accident by the operation of the kick, and the first-way vehicle of the CCTV in the same direction is turned to the same direction.

In the above CCTV image, the defendant is not himself, but the man who drives the electric kick, and there is a difference between the video operator and the uniforms worn by the defendant at the time.

The argument is asserted.

However, since the above CCTV image is black and white and good, it is not confirmed that the driver of the electric kick kick driver's detailed appearance or uniform was not confirmed, as above, the first witness called the 119th day after November 24, 2019 when the operation of the electric kick kick was taken on CCTV, and the second witness called the 119th day after the CCTV.