The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserted that he was guilty of the fact that he did not drink at the time of driving of the instant case, and dices only after parked the instant vehicle on the entrance side of the alley, and entering the house, for the purpose of a port for nearby human rights works with a strong noise.

As such, the judgment of the court below that found the Defendant guilty of the facts charged in this case without driving alcohol is erroneous in the misapprehension of facts and adversely affected the judgment.

B. The sentence that the lower court sentenced the Defendant to the punishment (4 million won a penalty) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to the assertion of mistake of facts and the following circumstances recognized by the court below, namely, ① the defendant, after measuring the alcohol alcohol of this case, stated to police officers E to the effect that "I dn't dn't dn't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl', and

In full view of the following facts: (a) the Defendant’s specific speech and behavior at the time of smoking the disturbance on the ground that the Defendant’s “satisfying the construction noise” before driving of the instant case was under the influence of alcohol in light of empirical rule; (b) the Defendant satisfying 20ml (20.1% of alcohol content) after driving the instant drinking; and (c) the Defendant satisfying 220ml (20.1% of alcohol content) after driving the instant drinking; (b) the Defendant’s alcohol concentration out of blood generated therefrom is 0.045% of alcohol concentration; and (c) the Defendant’s respiratory measurement deposit is 0.165% less the above 0.120% of alcohol concentration out of the instant charges, the Defendant may be found to have driven alcohol as stated in the facts charged.