The appeal is dismissed.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself; (b) the Defendant appears to have committed the instant crime because his livelihood would be difficult if he is discovered that he was driving under drinking, and (c) the Defendant is an initial offender who has no criminal power.

However, the crime of this case is not deemed unfair because the sentence of the court below is too unreasonable in light of the following: (a) the defendant was aware that he was a criminal offender in the investigative agency and was able to escape B by making a false statement; (b) the crime of this case is mixed with the investigation and interfere with the criminal justice activities; and (c) the punishment of the crime is not less minor; and (d) all the sentencing conditions, such as the defendant's age, character and conduct, circumstances

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.