The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that a person who drives a passenger vehicle of the defendant at the time of the instant case (hereinafter “automobile of this case”) is not the defendant but the substitute driver. Thus, the defendant did not have a drunk driving.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the following grounds.

The defendant asserted that "the defendant and the investigative agency reached F by boarding the passenger car of this case which is driven by a male substitute driver and arriving at F. The defendant argued that when the passenger car of this case is driven by the substitute driver, the driver of this case was driven by the representative driver first, and the male substitute driver stopped the car of this case by driving the car of this case. According to the evidences presented by the court below, according to CCTV installed on the surface of the road at the F parking lot, the car of this case which is owned by the defendant's husband was stopped by using an emergency, etc. at 2:45 on the same day on the front day of the said siren, and at around 23:02, the vehicle of this case stopped by driving the car of this case on the rear side of the vehicle of this case, the image is recorded in the direction behind the vehicle of this case, "the person who has set up a vehicle on the side of the road," and the person who stopped the vehicle of this case after G 112 and 23:04 after the arrival of the police vehicle of this case.

At the time, the instant car stated that there was no passenger in any way, the result of the alcohol measurement conducted on the rear side of the instant car by blood alcohol level of 0.198%, and G, on September 12, 2018, stated that “A vehicle leaving the office to extinguish the office, caused the vehicle to turn off emergency, prevented the entrance, and made a 112 report because a person opened a window and is on the front side of the driver’s seat,” and that “A person shall not attend the court of the lower court.”