The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. On the day of the instant case, the Defendant: (a) was waiting for a new substitute driver without driving the said vehicle; (b) the Defendant was waiting for a new substitute driver without driving the said vehicle; (c) due to the police officer’s demand that the substitute engineer G stopped on drinking, the Defendant responded to the alcohol measurement of the instant case.

Therefore, the court below found the defendant guilty of the facts charged in this case although the defendant had not driven while driving. The court below erred by misunderstanding the facts.

B. The punishment sentenced by the lower court (an amount of four million won) 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 Around 22:17 on the day of the instant case, the Defendant sent a substitute driver in the vicinity of the Gocheon-dong, Gocheon Police Station, and a substitute driver G around 22:38 on the same day due to the charges charges with the Defendant during driving of the Defendant’s vehicle, according to the certificate No. 1, a substitute driver G around 22:33 on the day of the instant case, the time of the completion of the driving of the representative driver G, but at around 22:33 on the day of the instant case, G’s statement that “the time of the completion of the driving of the representative driver G” in the court of the lower judgment, “the completion of the driving of the representative at least five minutes before the end of the driving of the representative,” the time of actual completion of the driving can be presumed to be around 22:38.

In the vicinity of the D'D', he left the Defendant's vehicle after stopping the vehicle on the side.

② On the day of the instant case, the Defendant sent a new substitute driver around 23:17 on the same day, and the police officer F who was under the control of drinking near the instant site.