2. A favorable circumstance is that the defendant's time to commit the instant crime and reflects it, and that the defendant's economic situation seems difficult.

However, the defendant was sentenced to a fine for a violation of the Road Traffic Act (hereinafter referred to as "driving") and there is no time to commit the crime of this case. At that time, the defendant's blood alcohol concentration was high from 0.241% to 0.241%. The drinking driving is a crime that may threaten the life and body of others as well as himself/herself. The risk of drinking driving, such as the defendant's vehicle in the course of driving a vehicle under the influence of alcohol, is realized. Article 148 (2) 1 of the Road Traffic Act provides that a person whose blood alcohol content is more than 0.2%, shall be punished by imprisonment with prison labor for not less than 1 year but not more than 5 million won, or a fine not more than 10 million won. The court below's decision of the court below among it is too unreasonable to take into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the fact that the defendant selected a fine among them, and the sentencing conditions prescribed in Article 51 of the Criminal Act are too unreasonable.

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.