2. The judgment of the court below is based on the following facts: (a) the defendant has a depth of his criminal act from the investigation stage to the trial of the case; (b) the defendant has been sentenced to a fine for violation of the Road Traffic Act in 2003 as well as the defendant has no record of being punished for the same kind of criminal act; (c) the court below recognizes that there is no record of punishment for the same crime; (d) it is considerably reduced the fine amount of the summary order in consideration of the circumstances favorable to the defendant; (e) the defendant's blood alcohol concentration is very high to 0.259%; (e) the defendant's blood alcohol concentration is high to 0.25%; (e) the distance of the defendant's vehicle driven in a drinking condition is not shorter than five kilometers; and (e) taking into account

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.