The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal principles, which deemed that the Defendant constitutes drinking driving, thereby adversely affecting the conclusion of the judgment, even though the Defendant moved the said vehicle to another space in the same parking lot without any intention or intention to drive it upon request.

B. The sentence sentenced by the court below to the defendant (the penalty amounting to 5,000,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the legal principles, Article 2 subparag. 26 of the Road Traffic Act includes not only the road but also the act of driving at a place other than the road with respect to drinking under Article 148-2 of the same Act. Thus, the defendant's act of moving a vehicle from a parking lot, which is not a road, in the state of drinking, is subject to punishment in accordance with the aforementioned Act.

Therefore, the lower court erred by misapprehending the legal doctrine and adversely affecting the judgment.

subsection (b) of this section.

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below regarding the wrongful assertion of sentencing, and considering the sentencing conditions as shown in the records and arguments of this case compared with the reasons for sentencing, the court below’s punishment is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.