The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is difficult to view that the Defendant’s blood alcohol concentration is more than 0.05% in light of the amount of math alcohol and the scope of allowable errors by the fluence measuring instrument.

B. The sentence of a fine of one million won imposed by the court below against the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court on October 29, 2013, the Defendant: (a) moved a motor vehicle from a restaurant located on the front side of the ship in Busan, to his/her residence C building located in Busan, using a friendly and alcohol surgery after drinking on behalf of his/her own; and (b) the Defendant, in order to take the vehicle into consideration after sending an acting driver, issued a report on the measurement of blood alcohol level to 0.5% of the foregoing charges; (c) on October 29, 2013, at around 21:56, he/she was driving the said motor vehicle directly from the above C building to the DI’s residence; and (d) around 22:12 of the same day, the Defendant appeared to have been aware of drinking alcohol level from the police officer at the time of 20% alcohol level; and (d) the Defendant was found to have not been found to have been found to have been found to have been found to have been aware of the foregoing alcohol level of the motor vehicle under consideration.