The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Before measuring the alcohol alcohol level, the quality of alcohol was taken as a sacrificing prior to the misunderstanding of facts, which led to the high level of alcohol consumption.

B. The lower court’s sentence (an amount of KRW 4 million, and an order of provisional payment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The Defendant’s assertion of misunderstanding of facts was found to have undergone an appraisal of alcohol concentration through blood collection as well as the measurement by a drinking measuring instrument immediately after the crackdown on driving alcohol, and as a result, the alcohol concentration in blood was measured by 0.167% as a result of such appraisal, so there is no possibility that the Defendant might have been affected by the use of dental medicine.

Therefore, this part of the defendant's assertion is rejected.

B. In full view of the fact that the Defendant had no record of being punished for the same offense, the fact that the Defendant had no record of being punished for the same offense is considerably high in alcohol content in blood, and all of the sentencing conditions stated in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s punishment cannot be deemed to be too unreasonable as it is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. In conclusion, 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.