The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) does not reach 0.439% on the blood alcohol concentration of the defendant.

The amount of punishment (3 million won of a fine) is unreasonable.

2. Determination

A. The lower court recognized 0.439%, which is the result of the respiratory measurement, as the blood alcohol concentration, on the grounds as stated in the judgment of the lower court regarding the assertion of mistake of facts.

Although the Defendant asserts that IGA kidne disease showed an excessive numerical value compared to the actual drinking volume, the Defendant’s assertion that he was suffering from a health disorder after regulating drinking was difficult to believe in light of the medical certificate submitted by the Defendant at the time of the police investigation (the examination record No. 20) and there is no ground to view that the disease claimed by the Defendant had influenced the result of the pulmonary measurement.

Examining the record, there is no error of law that affected the judgment of the court below by misunderstanding the fact that the defendant was driving while under the influence of alcohol level 0.439%.

B. As to the assertion on unfair sentencing, the lower court sentenced a fine of less than a fine of 5 million won for a summary order (a fine of 5 million won).

Even if this court re-examines the sentencing factors, the determination of the original sentence is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.