The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) (in fact-finding and the defendant), after driving the Cmate to D apartment, only breath a breath in the parking lot, and did not drink when driving.

Nevertheless, the lower court erred by misapprehending the fact that a person was under the influence of alcohol.

Even if so, even if not, the lower court’s punishment (fine 4,000,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant purchased a soft at Cmate; (ii) according to CCTV images, it is confirmed that the Defendant was a head of the said mate by driving a vehicle after drinking on the street in front of the said mate; and (ii) the Defendant reported the Defendant’s drunk driving in the court of the lower court stated in the court to the effect that “A suspect was able to board and drive an apartment after driving the vehicle on the street in the vicinity of the Cmate, and the suspect’s situation at the time fell, and it was two times or less; (iii) at the time of the arrival of the D apartment parking lot, the Defendant was on board the vehicle; (iv) the Defendant measured the vehicle with blood alcohol concentration at 0.145% as a result of the alcohol measurement on the Defendant; and (iv) the Defendant did not appear to the purport that he was aware of the CCTV alcohol level after driving an elevator at the time of using the CCTV at the time of 5th of the Defendant’stro.

In the same purport.