1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. From around 01:00 on October 20, 2013 to around 02:00, the Plaintiff: (a) performed drinking at the alcohol house of the trade name, namely, “C” located in the Daegu Western-gu, and calculated the drinking value; (b) Q and Si expenses, a drinking house, as a matter of the drinking value; (c) around that time, the police officer of the D police box, who was dispatched after receiving a report from the Plaintiff and Q, carried the Plaintiff’s arms, and (d) carried the Plaintiff’s arms, and (e) carried the Plaintiff’s patrol box to the D police box.

B. On October 20, 2013, at around 02:30, the Plaintiff: (a) arrived at the D police box around 02:0, and was in the D police box from around 03:40 to around 03:40; (b) and (c) e and F expressed their desire to “Isn’t receive money from the snick,” including “Isn’t want to do so. Isn’t want to do so. Isn’t want to do so. Isn’t want to get off the snick,” and it was difficult to avoid disturbance over about 1:10 minutes under the influence of alcohol, such as smoking tobacco and throwing away the cigarette butts

C. In the process of avoiding disturbance as above, the Plaintiff was solicited to return home from E and F several times. However, the Plaintiff was able to talk with the building for the police box under the influence of alcohol and called the police officer who was within the 112 situation room or police box while communicating to the police officer in the 112 situation room or branch.

Accordingly, E notified that it can be arrested as a criminal suspect of violation of the Punishment of Minor Offenses Act if he/she continues to commit a disturbance, and arrested the plaintiff as a flagrant offender.

On December 11, 2013, the Plaintiff was issued a summary order on the grounds of the violation of the Punishment of Minor Offenses Act (hereinafter referred to as “related criminal case”), but a summary order was requested for formal trial (Article 2014 high-level 5). After examining related criminal cases, the said Western District Court sentenced the Plaintiff to a fine of KRW 500,000 on November 28, 2014. The Plaintiff’s appeal (Article 2014No4713) and the final appeal (Article 2016Do1836) were all dismissed, and the said judgment became final and conclusive on January 16, 2017.

[Reasons for Recognition] A. A., 2, 5, 6.