The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, at the time of misunderstanding of facts or misunderstanding of legal principles, measured the blood alcohol concentration by the respiratory measuring instruments, the Defendant cannot believe the result of the blood alcohol measurement in this case.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the Defendant’s argument, namely, even based on the Defendant’s assertion, the Defendant demanded the police officer to take a drinking test at the emergency room of the hospital. The Defendant appears to have been able to take a drinking test at the time. The Defendant’s wife followed the Defendant’s demand to a police officer for water and the measurement of blood alcohol level by the respiratory measuring machine. Thus, if the police officer conducted a drinking test without providing water to the Defendant despite the Defendant’s demand, it would have raised an objection to the police officer. Rather, the Defendant’s wife stated the Defendant’s name on behalf of the Defendant in the back-of-take driver’s report and the report on the detoxication of alcohol level on behalf of the police officer, and the Defendant measured the blood alcohol level to 143% at the time, which was measured by the Defendant’s blood alcohol level to 0% at the time, and the Defendant’s wife did not appear to have been forced to take a drinking measuring instrument without being compelled to take a drinking test.