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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the place where a defendant drives a motor vehicle by mistake of facts or misapprehension of legal principles is an apartment parking lot and is not a road under the Road Traffic Act, the crime of violating the Road Traffic Act is not established.
B. The sentence of a fine of two million won imposed by the court below on the defendant is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is that Article 148-2 of the Road Traffic Act punishs "a person who drives a motor vehicle, etc. under the influence of alcohol" and Article 2 subparagraph 26 of the same Act defines "driving" as using a motor vehicle or horse in accordance with its original method of use, but includes "other areas than a road" in the case of Articles 44 and 148-2 of the same Act. Thus, the court below rejected the defendant's assertion on the ground that it is evident that the underground parking lot under the influence of alcohol is subject to punishment under Article 148-2 of the Road Traffic Act regardless of whether it falls under "road" under Article 2 subparagraph 1 of the Road Traffic Act, and found the defendant guilty of the facts charged in this case. In light of the provisions of the Road Traffic Act, the judgment of the court below is just,
B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing recognizes the instant crime and reflects his mistake, and that the Defendant arrived at the underground parking lot of the apartment that he resides in through his substitute driving, but there are circumstances to take into account the circumstances of the instant crime, such as: (a) the proxy driver complaining against the difficulty in parking, thereby preventing the instant crime.
However, the crime of this case is that the defendant drives a motor vehicle while under influence of 0.104% of blood alcohol concentration, and the case is not less than that of the case in light of blood alcohol concentration.