The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant 1) Since the place where the Defendant driven by mistake or misunderstanding of the legal doctrine does not correspond to “road” under the Road Traffic Act, the Defendant is not a crime of violating the Road Traffic Act (dacting driving).

2) The sentence sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination:

A. Determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine 1) Article 44(1) of the Road Traffic Act is prohibited from driving a motor vehicle, tram, or bicycle under the influence of alcohol.

Article 148-2 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) provides that "if the above provision is violated on more than two occasions, it shall be subject to aggravated punishment.

The term "road" under subparagraph 1 of Article 2 of the Road Traffic Act means a road under the Act (a) of the road, a road under the Toll Road Act (b) of the road, an agricultural and fishing village road under the Act on the Maintenance of Road, an agricultural and fishing village road, and a place where safe and smooth flow of traffic is necessary in reality to ensure the safe and smooth flow of traffic of many and unspecified persons or motor vehicles (including a place other than a road in cases of Articles 44, 45, 54 (1), 148, 148-2, and 156 subparagraph 10 of the same Article), and the same provision shall also apply to cases where a motor vehicle, horse, or tram is used in accordance with its original purpose and use (including operation) and in cases of "driving under the influence of alcohol" is defined as "driving under the influence of alcohol.

2) According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (dacting driving) at the Seoul Southern District Court on August 22, 2014, and the alcohol content among blood on March 20, 2020 is zero.