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. The lower court erred by misapprehending the fact that the Defendant committed a crime of violating the Road Traffic Act (driving) on the ground that the lower court erred by misapprehending the fact, even though he did not run a drunk driving on the day of the instant case, even though he did not run a drunk driving, the lower court erred by misapprehending the fact that the Defendant committed a crime of violating the Road Traffic Act (driving) against the Defendant.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 5 million won) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, the following circumstances are revealed: (i) according to the circumstance report signed and sealed by the defendant, the defendant stated that the defendant driven a volume of approximately 500 meters up to his/her capital stock market after drinking for a long time (0.127% of blood alcohol content); (ii) according to the slope D's legal statement, a police officer controlling the defendant, the defendant stated that "the defendant was drinking alcohol in the labor stock fisheries market, but he/she was unsatisfing while returning home due to the lack of a proxy engineer," and (iii) the defendant asserted that the proxy engineer passed on the road was left a vehicle while leaving the vehicle, but it is very exceptional that the proxy engineer was driving on the road without telephone contact, and that the proxy engineer was driving at the location of the defendant's vehicle away from his/her capital stock at the time of stopping.

When a defendant is abandoned, the defendant shall be found from the chief mediator, and when the police who has received a report 112 is dispatched to the scene, the defendant shall be found.