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.

1. According to the evidence submitted by the prosecutor, although the court below found the defendant's driving of drinking alcohol, it erred in the misapprehension of facts.

2. The Defendant, around April 7, 2016, driven a DK5 car while under the influence of alcohol leveling 0.141% in blood, at around 21:49, the distance from front to front road of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, to the front road of the same Gu C.

3. The lower court determined that the Defendant driven a car at the lower court and parked it in front of the “E cafeteria” of Gangdong-gu Seoul Metropolitan Government, and then drank one disease in the second floor, and then diced one disease in the second floor, and had a measurement of drinking thereafter, and changed to the purport that he did not drink before driving. The lower court accepted part of the Defendant’s change suit and sentenced the Defendant not guilty of the charges on the ground that it is insufficient to recognize that the Defendant was under the influence of alcohol level of 0.05% or more at the time of driving.

4. In light of the evidence duly adopted and examined by the court below and the following circumstances acknowledged by N's testimony of the witness of the trial of the party, it is difficult to believe that the defendant's above defense counsel and the testimony of H or testimony of H, K,O, J, and Q of the witness of the court below corresponding thereto, and the defendant did not drink after entering the I restaurant.

I seem to appear.

① 피고인이 위 승용차를 주차한 다음 피고인의 일행은 E 식당의 손님들과 시비가 붙었는데, 위 손님들 중 G은 당시 피고인의 얼굴이 빨갛고 혀가 꼬여 있어 음주 운전을 하였다고

In doubt, 21:49 around 112 of the same day reported the driving of alcohol.

In other words, the Defendant had been under the influence of alcohol since he was enrolled in I restaurant.

② Upon receipt of the foregoing report, N and other police officers were dispatched to the police station around 21:56, while the Defendant knows the foregoing report between them.