The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of this part of the facts charged, although the defendant had not driven a drinking alcohol, is an unlawful crime of mistake of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) The credibility of each of the above statements is examined as follows: (a) there is a direct evidence that corresponds to the fact that the defendant was a drunk driver; and (b) there is a statement by the J, the investigative agency, and the court below (court).

(2) When considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of direct examination, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a witness’s statement was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of a witness’s statement in light of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing the argument in the appellate court is clearly unreasonable, except in exceptional cases where the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is clearly unreasonable. (See, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).