2. The judgment defendant did not have the record of being punished for the same crime, and did not repeat the crime of this case by seriously reflecting the error of the crime of this case, and scrapping the vehicle.

However, the defendant's blood alcohol concentration was higher than 0.18%.

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 lower court determined a punishment after selecting a fine by taking into account the elderly, the circumstances where economic situation is difficult, etc.

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.