2. Considering the following circumstances: (a) the Defendant reflects the instant crime; (b) the Defendant’s blood alcohol content at the time of the instant crime is considerably high to 0.169%; (c) the Defendant paid a traffic accident involving the centralization of the road while driving at the time of the instant crime; (d) the amount of the fine prescribed in the instant crime of violation of the Road Traffic Act is between KRW 3,000 and KRW 5,000,000; and (e) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the Defendant’s punishment of KRW 4,00,000 cannot be deemed to be unfair. Therefore, the Defendant’s assertion cannot be accepted.

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.