Although the Defendant asserted to the effect that “the vehicle has not been driven at the time, and the police has taken a drinking test by making a sudden autopsy in front of the vehicle” in the last statement, the Defendant may sufficiently recognize the facts of the Defendant’s driving at the time in light of the Defendant’s confession statement at the police station and the lower court, the police officer’s statement at the court and witness’s statement (the report on the state of his driving) and even if ex officio examination is conducted, in addition to the assertion after the lapse of the period for

2. In light of the fact that the distance from which the defendant driven in a state of drinking seems to be relatively short, that there is no record of being punished for the same kind of crime in the past, and that economic situation is difficult, even if considering the fact that the blood alcohol concentration of the defendant at the time is higher than 0.191%, the court below appears to have sentenced to a fine by reducing the fine amount (4 million won) under the summary order by sufficiently taking into account the circumstances favorable to the defendant, and considering all other circumstances, including the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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