2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, and that the defendant's economic situation is difficult.

However, drinking driving is highly likely to be subject to criticism in that it is highly likely to cause a traffic accident. The Defendant was punished for a violation of the Road Traffic Act (Refusal of measurement) around 2003. The Defendant’s blood alcohol concentration at the time of the instant crime was 0.134% high, and Article 148-2(2)2 of the Road Traffic Act provides that a person whose blood alcohol content is 0.1% or more shall be punished by imprisonment with prison labor for not less than six months but not more than one year and by a fine not exceeding five million won. In full view of all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the fact that the lower court selected a fine among them, and sentenced the Defendant to the minimum statutory punishment, and thus, it cannot be deemed unfair. Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.