The defendant's appeal is dismissed.

1. The lower court, within the scope of the judgment of this Court, dismissed the public prosecution against insult of the facts charged in the instant case, and convicted of the remainder of the charges in violation of the Road Traffic Act.

However, the part of the judgment of the court below which only the defendant appealed as to the conviction, and the part of the dismissal of prosecution was not appealed by both the defendant and the prosecutor. Thus, the part of the judgment of the court below which dismissed the prosecution was separately finalized, and only

2. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged is erroneous in misunderstanding of facts, even though he did not drive under drinking, although he was found to have turned on the air conditioners in the motor vehicle parked on the alleyway for one-way traffic.

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

3. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant is fully able to recognize the fact that a drunk driver was driven as stated in the lower judgment, so the Defendant’s assertion of mistake of facts is without merit.

1) When the police E was called out at the time of the instant case, the vehicles of the Defendant parked in the direction of driving on the alleyway of one-way traffic, in the condition that the vehicles of the Defendant and of the other party are at the end and rear. 2) At the time, the Defendant was seated in the driver’s seat, the horses are divided, the face light was divided, and the face light was very red.

3) E observed a driving mode to allow the Defendant to move a vehicle. B. The Defendant’s judgment on the assertion of unfair sentencing does not object to the denial of the crime, and not only driven under a very high level of drinking measurements, but also the previous violation of the Road Traffic Act (the criminal records subject to punishment twice due to drinking driving).