The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although a mistake of fact finds a defendant driving after drinking alcohol, the defendant cannot be deemed to have failed to comply with the request for a breath test since an error occurred in the breath measuring instrument and the measurement was not made at the last time due to a sudden pulmonary disease.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

As to this, the lower court did not accept the Defendant’s above assertion and found the Defendant guilty of this part of the facts charged, taking into account the circumstances as indicated in its reasoning, which are revealed through the evidence duly admitted and examined.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

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