The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have driven under the influence of alcohol at the time of mistake of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below, the defendant's cab bbbox video is confirmed to have moved from 06:25:04 on the day of the instant case to 08:43:39 on the same day, and at the time when the police officer was called to the site, the defendant was seated in the taxi driver's seat, and at that time, the police officer was on the move of the taxi driver's seat. However, since the police officer called to the site from 06:25 on the day of the instant case from 06:25 on the day of the instant case moved out of the defendant, and on the same day before the police officer moved to the taxi route of the defendant at around 08:56 on the same day, there is no evidence to prove that other person was driving or moving a taxi other than the defendant's cab, and since the investigation agency failed to provide sufficient information to the defendant that he had driven a taxi at the time of the instant case, the defendant did not know that he was under influence of alcohol by law.

B. It is recognized that the distance of the Defendant’s driving at the time of the instant case’s assertion of unreasonable sentencing was relatively short, the Defendant supported the children attending the university while driving a taxi, but the driver’s license was revoked and placed in a very economicly difficult situation, and the Defendant’s health status was not good.

However, the defendant discovered at the time.