A. Since the Defendant did not have driven a drinking alcohol, and drank the two weeks after having returned to her house, it was only high blood alcohol concentration.

Nevertheless, the court below found this part guilty, which affected the conclusion of the judgment, by misunderstanding the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below held that the facts in the judgment of the court below can be sufficiently recognized, considering the specific statement of the witness who reported the defendant first, the consistent statement at the investigation agency of the police officer's dispatch to the scene, the time when the defendant came at the house of the defendant, and the time when the police officer measured the blood alcohol level of the defendant upon arrival of the defendant at the house of the court below, and examined the reasoning of the judgment of the court below in comparison with the evidence investigated by the court below, the above judgment of the court below is just,

Therefore, this part of the defendant's argument is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined punishment in consideration of the following: (a) the Defendant’s failure to recognize mistake by preventing the instant crime, such as the reversal of his/her statement or the extension of an emergency vindication; (b) the Defendant’s blood alcohol concentration high; (c) the Defendant’s blood alcohol concentration high; (d) the Defendant did not have the same criminal power;

In addition, the arguments of the court below and the party hearing are shown.