The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on the day of the instant case, misunderstanding of the fact, went to the old-age’s illness and her to the extent of one illness, but the Defendant’s blood alcohol concentration at 0.147% cannot be understood. Thus, the lower court found the Defendant guilty of the facts charged in the instant case and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of factual mistake, the Defendant recognized that the Defendant driven a vehicle under the influence of alcohol level of 0.147% as stated in the instant facts charged, and otherwise, there was an error in the alcohol measuring instrument that measured the Defendant’s blood alcohol level, thereby causing disadvantageous results to the Defendant, or there was a procedural defect in the measurement process.

does not appear.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is an error of law by misconception of facts and affecting the judgment.

Therefore, the defendant and his defense counsel's assertion of mistake is without merit.

B. We examine the judgment on the unfair argument of sentencing, although it is recognized that the section of the vehicle driven by the defendant under influence of alcohol was not long, the defendant was sentenced to a fine several times for the same kind of crime, and the defendant did not deny the result of drinking up to the trial. The defendant, at the time of the crime of this case, did not match the vehicle parked on the road while driving the vehicle under significant danger of 0.147% of alcohol level during blood alcohol level at the time of the crime of this case. The punishment sentenced by the court below is the lowest amount of the statutory punishment stipulated in Article 148-2 (2) 2 of the Road Traffic Act, and the defendant's age, sex, and other acts.