The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant argued for misunderstanding of facts only parks his own vehicle through the center line, and drink after drinking.

The police officer called the vehicle of the defendant who was parked across the center line after receiving a false report that the defendant was driving alcohol.

Since a person drives a vehicle for parking according to the permission or instruction of a police officer, it shall not be a crime.

Therefore, the court below erred by misapprehending the facts.

The sentence of the lower court on the ground of unfair sentencing (fine 3 million won) is too unreasonable.

Judgment

The judgment of the court below as to the assertion of mistake of facts and the evidence duly adopted and examined by the court below and this court, and the following circumstances that can be recognized by the evidence, ① the police officer G sent to the site of this case “at the time of leaving the site of this case, the vehicle of the defendant was put over the center line and the next key was posted, and her own vehicle was parked in one way directly on the way of the defendant’s vehicle.” ② The witness D and E also made a statement to the effect that the police officer corresponds to the facts charged, ③ even if there is no vehicle traffic, it is parked through the center line.

In full view of the facts that it is difficult to see that a police officer instructed a defendant to park the vehicle with the vehicle under the influence of alcohol, etc., the judgment of the court below is just and there is no error of misapprehending the facts.

Therefore, this part of the defendant's argument is without merit.

The fact that the defendant does not have a criminal record for the judgment of unfair sentencing, and that the distance of drinking driving is very short is favorable.

However, even though objective evidence is apparent, the court does not recognize its mistake until this court, the fact that blood alcohol content is high is disadvantageous, and the crime of this case is committed.