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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, on September 13, 2013, was not a substitute driver to drink alcohol from around 24:00 to around 02:00 on September 14, 2013, in order to avoid driving under the influence of alcohol on September 14, 2013 after drinking alcohol, and remaining after drinking alcohol on September 14, 2013. The Defendant was merely a substitute driver to drive the vehicle to move the vehicle to a safe place where the vehicle is left in the road. In light of such circumstances, the lower court’s judgment that found the Defendant guilty of the charges in this case is erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the fact that the defendant directly driven after arguing the problem of proxy driving engineer and fee, i.e., the fact that the defendant directly driven a substitute driving engineer, ii) a large amount of smelling in the defendant's entrance at the time of the commission (in 40 pages of the investigation record), and the control police officer stated that he was breadd as being under the influence of alcohol when he was able to have the defendant under the influence of alcohol (in 39 pages of the investigation record), it is reasonable to deem that the defendant had the intention of drinking driving as long as he had used the vehicle on the road according to its original method of use while recognizing his driving state. Thus, the defendant's assertion of mistake of facts is without merit.
B. Although it is recognized that the Defendant’s blood alcohol content is relatively low, the Defendant was sentenced to a fine of KRW 250,000 due to the Defendant’s act of violating the Road Traffic Act in 2010 and the Defendant was sentenced to a fine of KRW 1 million due to the charge of violating the Road Traffic Act in 2010.