2. The fact that the Defendant’s mistake is divided, and the blood alcohol concentration of the Defendant is relatively high is considered. However, the Defendant was subject to a fine of 2 million won in 2007, a fine of 4 million won in 201, a fine of 4 million won in 2011, a fine of 2 years in August 201, and a fine of 2 years in probation in 2012, and the instant crime was committed during the period of probation, and the instant crime was committed during the period of probation, taking into account all the conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, criminal background, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be heavier.

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.