2. The distance of the Defendant’s driving of the instant crime is short, and it seems that the instant crime was committed in depth, and thus, it appears that the Defendant was living in an economically difficult life, such as being supported by his/her family while working in contact with the Defendant.

However, the defendant had been punished three times due to drinking driving, and again committed the crime of this case.

Drinking driving is a serious crime threatening the life and body of himself/herself and others, and blood alcohol concentration was 0.101% 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 lower court, taking into account the distance of the Defendant’s driving and the circumstances leading to the crime, etc., determined a punishment after choosing a fine and reducing the volume.

In addition, examining all the sentencing conditions shown in the records and arguments, such as equity of punishment with similar cases, age, character and conduct, environment, etc., the sentence of the court below cannot be deemed unfair because it 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.