2. Although there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized and the defendant's economic condition seems difficult, the defendant has a criminal record of the same kind of criminal punishment of a fine of KRW 3 million due to the violation of the Road Traffic Act which refused to take a drinking test in 2008, and the court below's decision, taking into account the circumstances favorable to the defendant, such as the motive and circumstance leading to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, the defendant's age, character and behavior, the environment, occupation and family relation, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.