The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant requested the borrower of a vehicle parked next to the vehicle in which at least seven hours have passed after drinking to deduct the vehicle and only one meter has passed in the parking lot.

Therefore, punishing the defendant as a drunk driving under the Road Traffic Act is too harsh, and the sentence of the court below is too unreasonable.

Judgment

According to Article 2 subparagraph 26 of the Road Traffic Act, the place where the defendant drives a motor vehicle is not a road but a parking lot. Even if the place where the defendant drives a motor vehicle, the crime of violation of the Road Traffic Act is established as long as the defendant drives a motor vehicle under the influence of alcohol of 0.082% of blood alcohol concentration, and the situation before and after the crime of this case recognized by the records of this case, the defendant's act of violation of the Road Traffic Act such as urgency or supplement cannot be deemed to have satisfied the requirements of justifiable act, such as urgency, even in light of the circumstances acknowledged by the records of this case, etc.

As to the Defendant’s assertion of unreasonable sentencing, even though the Defendant’s health stand short of the distance from drinking driving, there is no change of circumstances that may be newly considered in sentencing in the trial, and considering all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, career, background, means and consequence of the instant crime, etc., the lower court’s sentence is too unreasonable because it goes beyond the scope of discretion.

Therefore, the defendant's argument is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, ex officio, the “B” of the Criminal facts No. 1 shall be corrected to “G”.