The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged on the ground that there is no clear evidence to prove that the Defendant was under the influence of alcohol above 0.05% at the time of driving.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, one year of suspended execution, one year of community service, 80 hours 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.