The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not drive a drinking alcohol.

The testimony of the police officer F that the defendant was driving under the influence of alcohol is difficult in light of the possibility of the F's erroneous report on the site and the possibility that the F was dismissed.

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

2. Determination

A. In light of the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct trial principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the assertion of mistake of facts was clearly erroneous in the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court’s first instance trial.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance court, or in full view of the results of the examination of evidence conducted by the court of first instance and the results of the additional examination of evidence until the closing of oral argument, the appellate court should not arbitrarily reverse the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In light of the above legal principles, in addition to the circumstances required by the court below, the lower court’s duly adopted and investigated the following circumstances recognized by the evidence evidence, namely, i.e., the slopeF., at the scene upon receipt of a report from the court of first instance, when the defendant went to D in the future, the Defendant was a vehicle.

After stopping, the driver drank with the thickness of the body of the defendant, and confirmed that the reporter reported the defendant, and conducted a drinking test.