The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Despite the fact that the defendant had not driven at the time of mistake of facts, the court below recognized the crime of violation of the Road Traffic Act (Refusal of noise measurement) on the premise that the defendant driven.

B. The judgment of the court below on the imposition of an unreasonable sentencing (the fine of 6 million won) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mistake of facts, a witness who reported to the police at the time tried to park a vehicle of the defendant as a rest area of the defendant, but does not fit the parking zone, and the defendant was considered to get off the vehicle in the driver's seat after parking. The witness at the time recognized the fact that the defendant was in no relation with the defendant, but the defendant was in no relation with the defendant, and that the defendant made a report because the defendant's drinking operation could be different. In full view of the witness's witness and the details of the report, the fact that the defendant was driving at the time can be recognized.

Therefore, the judgment of the court below that convicted the facts charged of this case is just and it cannot be said that there is an error of mistake of facts as pointed out by the defendant.

B. In light of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s sentence against the Defendant is too unreasonable, in so determining, in light of the fact that the Defendant did not reflect the instant crime, the Defendant had five previous criminal records, and the Defendant’s age, character and conduct, environment, and circumstances after the crime.

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