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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (three million won by the lower court) is too unreasonable.
2. The fact that the Defendant recognized the instant crime and reflected the instant crime, and that the Defendant’s economic situation is difficult, and that the Defendant’s health condition is not good, can be considered in sentencing.
However, since the defendant's blood alcohol concentration was 0.14% at the time, the corresponding statutory penalty is a fine of not less than three million won but not more than five million won in the case of a fine. Since the defendant had already been sentenced to imprisonment for one time, including the previous criminal offense, and it is deemed inappropriate to reduce the amount of punishment for the defendant in this case, the punishment of a fine of not less than three million won sentenced by the court below is the most severe punishment that can be sentenced to the defendant in light of the statutory punishment.
In addition to the above circumstances, if we examine all the conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, it cannot be deemed that the sentence of the court below is too unreasonable.
3. As such, 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.