2. In light of the following circumstances: (a) the Defendant led to the confession of the instant crime as a primary offender; (b) although the instant crime was committed under the influence of alcohol content 0.085%, the Defendant was under the influence of alcohol; (c) the Defendant was not under the influence of alcohol level; (d) the driving of alcohol level is not under the influence of alcohol level 0.085%; and (e) there is a need to strictly punish not only the Defendant, who is a driver, but also another person’s life; and (e) other various circumstances, including the motive for the instant crime, the Defendant’s character and behavior, environment, family relationship, etc., as well as the circumstances after the instant crime, which are the conditions for sentencing as provided in Article 51 of the Criminal Act as stated in the records and arguments, the Defendant

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.