The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on July 16, 2016, around 16:15, 2016, at the time indicated in the instant facts charged, was driving on a passenger car as indicated in the instant facts charged (hereinafter referred to as the “automobile in this case”). Even according to the investigation report (the report on confirmation of the video of the black box), which the lower court explained as evidence of guilt, the Defendant did not clearly prove that he was driving at the time.

As such, the judgment of the court below that found the defendant guilty of the above facts charged even if the defendant did not drive at that time is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court’s determination that found the Defendant guilty of this part of the facts charged is justifiable, and it did not err by misapprehending the legal principles as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

1) 피고인은 운전석에서 안전벨트를 매고 시동을 켠 채 잠들어 있다가 경찰이 현장에 도착하여 피고인을 깨우자 비로소 일어난 것으로 보이는데, 피고인의 변명대로 대리 운전기사가 대리 운전을 하다가 피고인을 방치하고 현장을 이탈한 것이 사실이라면, 피고인이 안전벨트를 매고 승용차의 운전석에 앉아 있다가 경찰에게 적발되는 것은 극히 이례적인 일에 속한다.

2) The police appears to have been called upon receiving a report to the effect that “the vehicle is going on the center of the road and the signal is not changed,” and the place where the instant vehicle was stopped is above one-lane left left-hand in the direction of the sports field in the field of scattering distance within 98 at the Gu school during the safe time, and the situation in which the Defendant directly driven and temporarily stopped.