The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts only returned home while driving a substitute driver at the time of the instant case, and there was no fact of driving under influence of alcohol.

B. The court below’s decision on the unfair sentencing (the fine of 4 million won) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s determination of mistake, and rejected the above assertion by stating in detail the judgment on the issue under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts as pointed out by the defendant.

B. The Defendant’s judgment on the assertion of unfair sentencing is favorable to the Defendant, such as the following: (a) the Defendant, after drinking alcohol and returned home; (b) the driving section is limited in the apartment complex; and (c) there is no history of punishment exceeding the fine.

However, in full view of the fact that the defendant was punished for the same kind of crime, the fact that the defendant caused a contact accident in the course of driving under the influence of alcohol, and that the blood alcohol content reaches 0.187%, etc., which are disadvantageous to the defendant, and other factors of sentencing such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

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