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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as a factual misunderstanding, only drank alcohol within a passenger car after having arrived at C apartment, and did not drive alcohol as stated in the facts constituting the crime of the lower judgment.
B. The sentence that the lower court sentenced the Defendant to the sentencing unfair is too unreasonable. (The penalty amount of KRW 3,00,000)
2. Determination
A. As to the Defendant’s assertion of mistake of fact, the second police interrogation protocol against the Defendant is inadmissible as there is no seal between the Defendant and the Defendant, and the third police interrogation protocol against the Defendant is inadmissible as well as there is no signature, seal, and seal.
However, except the above evidence, the following circumstances acknowledged by the remaining evidence duly adopted and examined by the court below, namely, the F and its wife, which first arrived at C apartment and parked a low-priced car, compared to the defendant, were in the way that the defendant parked a car on the front side of the said low-priced car, but it was not considered that the defendant was driving the car on the passenger car above.
G made a statement to the effect that “The Defendant: (a) at the time when the vehicle was set off in the above string, destroyed the door of the vehicle of the above string; (b) at the time, the Defendant was divided into strings and strings; and (c) there was no circumstance to doubt the credibility of the statement in the record; (b) the Defendant initially stated that “the Defendant was dysnickly ill in the strings; (c) the strings were in the above strings, and the strings were dead in the nearby strings; and (d) there were many cases where the sales details were not discovered in the above strings, so the police statement was merely a construous content, and that the actual drinking was inside the vehicle of the above strings, and that it was inconsistent with the statement to the effect that “the Defendant was suffering from the health risks of the Defendant who suffered the strings.”