2. On 197, the Defendant did not have any record of punishment for the same kind of crime in addition to the punishment of a fine for a drunk driving, and did not commit the crime in depth, and did not repeat the crime.

There is a physical disability of the defendant and there is also a difficulty in economic situation due to a basic living beneficiary.

However, the defendant caused a traffic accident while driving alcohol, and the blood alcohol concentration of the defendant was 0.148% higher.

Article 148-2 (2) 2 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.1% shall be punished by imprisonment with prison labor for not less than six months but not more than one year or by a fine not less than three million won but not more than five million won. The punishment imposed by the court below is the lowest statutory penalty.

In addition, considering the equity of punishment with similar cases, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, it cannot be said that the sentence imposed by the court below is 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.