2. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant’s mistake is recognized and the depth is reflected, the driving place is an underground parking lot in the Defendant’s residence, the driving distance is short, and the Defendant’s economic situation is very difficult;

However, in 2003 and 2006, the Defendant had already been punished by a fine due to drinking driving, and the instant crime also driven by the Defendant in the state of drinking alcohol concentration of 0.237%. As such, not only the value is high, but also the risk of causing contact accidents with other vehicles parked, the nature of the crime is not weak.

In particular, under the amended Road Traffic Act (Act No. 10790), which was promulgated on June 8, 2011 and enforced six months after the lapse of the above statutory penalty, if the blood alcohol content is at least 0.2% among them divided into three stages, the punishment is strengthened by setting the maximum amount of the statutory punishment for not less than one year or a fine of not less than 5 million won. Considering all the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, background and consequence of the crime, degree of damage, circumstances after the crime, etc., it cannot be deemed that the fine prescribed within the range of the punishment mitigated by discretionary mitigation is too unreasonable. Accordingly, the defendant's assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.