The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, the Defendant was under the influence of alcohol, and the Defendant was merely driving a Oralone while under the influence of alcohol.

Nevertheless, the judgment of the court below which found the Defendant guilty of drinking driving among the facts charged in this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as to a mistake of facts, namely, C’s specific and consistent statement at an investigation agency and court of the lower court, traffic accident report (actual investigation report), traffic accident occurrence report, and the circumstances recognized by the lower court at the time of the crime, it can be sufficiently recognized that the Defendant driven Oral Seaba while under the influence of alcohol, such as the facts stated in the lower judgment

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s primary offender who had no record of criminal punishment before the instant case, and the fact that the Defendant’s motor vehicle driven under the influence of alcohol is a small-sized motor vehicle is favorable to the Defendant.

However, in light of the circumstances, such as the Defendant’s operation of Oral Ba, which was not covered by mandatory insurance while under the influence of alcohol, the liability for the crime is not somewhat weak, the Defendant denies part of the crime in this case, and the blood alcohol concentration level is relatively high to 0.148%, and other unfavorable conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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.

However, the rules on criminal procedure.