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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the drinking part of the facts charged in this case by misapprehending the legal principles, the Defendant did not drive the vehicle at the time, and the Defendant did not have an article to first act on behalf of the Defendant, but became in contact with the victimized female her, and thus, the Defendant did not have any reason to drive the vehicle in this case, and the Defendant and F did not have any legal relationship with the intent to act on behalf of the Defendant due to the cancellation of the substitute driving, and thus, the Defendant and F did not have credibility.
Nevertheless, the lower court found the Defendant guilty of the facts charged, or erred by misapprehending the legal doctrine or by violating the rules of evidence, thereby adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Determination:
A. In light of the following circumstances: (a) the evidence duly adopted and investigated by the lower court as to the assertion of violation of the rules of evidence by mistake of facts, misunderstanding of legal principles, or by misapprehending the legal principles, and the following circumstances revealed by the records; (b) although F has somewhat different detailed contents from the investigative agency to the lower court, if the Defendant was on board the seat of a vehicle parked on a alley at the time of the lower trial and transferred it to a large amount of 2 meters, the Defendant stated the vehicle in a specific and consistent manner; (c) there is no circumstance to suspect the credibility of the above statement; and (d) at the time, the Defendant was deemed to have been under the influence of alcohol so as to make it difficult for the Defendant to properly associate with the departure of the vehicle from the first place due to the arrival of the vehicle parked on a one-way or another acting driver; and (e) there is no error of law by mistake, misunderstanding the legal principles, or misunderstanding the rules of law as alleged by the Defendant.
B. Sentencing;