The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant does not have been driving under the influence of alcohol with a blood alcohol content of at least 0.05%.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable in full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts.

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

① On October 20, 2015, around 09:14, around 09:14, the Defendant driven CK7 car from the front side of the bus platform for the Geumju apartment, which is located in the 485-ro, a dump-si, a dump-ro, to the above apartment 106 front parking lot.

② On October 20, 2015, the police officer measured the blood alcohol concentration level of 0.046% as a result of the Defendant’s blood alcohol level measurement on October 20, 2015.

(3) The Defendant stated from October 19, 2015 to October 200, 2015 that he was dysnick at the police station, that he was dysnick at the bar of the Soviet.

(증거기록 16쪽). ④ 혈중알코올농도의 시간당 감소치는 대체로 0.03%에서 0.008% 사이임이 이미 알려진 신빙성 있는 통계자료에 의하여 인정되므로, 피고인에게 가장 유리한 시간당 혈중알코올농도 감소치인 0.008%를 적용하여 위드마크 공식에 따라 피고인이 운전한 시점인 2015. 10. 20. 09:14경의 혈중알코올농도를 계산하면 0.057%{≒ 0.046% 0.008% × (88/60)}가 된다.

B. The defendant's mistake and reflects his mistake on his behalf, the crime of this case does not lead to a traffic accident, the defendant's blood alcohol concentration level is not high (0.057%), the distance of the defendant's driving (700m) is not clear, and the defendant thought that he was able to breath and drive a drinking driving only.