2. Determination is recognized in light of the following circumstances: (a) the Defendant’s depth reflects the instant crime; (b) the Defendant suffers from old and diverse balkies; (c) the Defendant maintained his livelihood with the old pension and the collection of mallebies; and (d) the Defendant returned the instant vehicle to the son who was the owner and did not drive the instant vehicle in the future.

However, it is necessary to respect the judgment of the court below because there is no change in the sentencing conditions in comparison with the court below because new sentencing data have not been submitted at the court below. The defendant's blood alcohol concentration is equivalent to 0.072% and driving distance is also long distance, the defendant's punishment was imposed twice due to drinking driving, and in such a case, the lower limit of the fine subject to punishment is 5 million won and the defendant has been sentenced to the maximum punishment at the court below. In full view of the circumstances and result of the crime in this case, the circumstances after the crime in this case, the defendant's character and behavior, the environment, and the age, etc., as well as the various circumstances that are the conditions for the punishment as shown in the records and arguments in this case, it cannot be deemed unfair to view the sentencing of the court below as

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.