The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not drive a motor vehicle.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination:

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant was driving alcohol.

The decision is judged.

Therefore, we cannot accept the defendant's assertion of mistake of the above facts.

(1) The defendant has been driving by proxy a driver.

Although it is argued, no objective evidence related to this is submitted.

② At the time of the detection of the instant case, the Defendant’s vehicle was in contact with India, but was parked almost in close vicinity to the left-hand lane of the vehicle, not attached to India.

When an acting driver completes driving and parks a vehicle, he/she has been driving the vehicle by proxy in consideration of the fact that it is common to park as close as possible as possible on the side of the delivery.

It is an example to view.

B. As to the wrongful assertion of sentencing, the alcohol concentration in the blood of this case is very high as 0.201%, the Defendant has been punished for driving under the influence of alcohol once, and the Defendant did not seem to have an attitude against the Defendant by denying driving.

In addition, the statutory penalty for the fine for the instant crime is more than 5 million won but not more than 10 million won.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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