The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant did not drive a motor vehicle as stated in the instant facts charged.

B. The sentence of a fine of KRW 3 million sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, in particular D's police and statements at the court below and the statement of police officer F's control records, etc., the defendant's driving of a motor vehicle under the influence of alcohol as stated in the facts charged in this case is sufficiently recognized. Thus, this part of the defendant's assertion is without merit.

B. In light of various circumstances, such as the denial of the crime by the illegal criminal defendant up to the trial, the violation of the punishment, the records of the punishment up to five times, the punishment imposed by the court below is the lowest of the statutory punishment, and the defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is appropriate and it does not seem unfair because it is excessively unreasonable.

3. Accordingly, 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. It is so decided as per Disposition.