The defendant's appeal is dismissed.

1. The summary of the grounds for appeal dismissed the assertion of mistake of facts or misapprehension of legal principles on the second trial date.

The punishment of the court below against the defendant (the fine of 6 million won) is too unreasonable.

2. The judgment of the defendant is divided into a mistake, etc. However, the defendant has a number of records of being punished for the same and different crimes, such as suspended sentence in August 2004 and criminal punishment of a fine of KRW 3 million in 2007 for the crime of violation of the Road Traffic Act. The suspension of police officers who committed a sudden stop around the time when the crime of this case was committed by the central line and carried out a stop while drinking control.

In full view of the unfavorable circumstances, including the fact that the circumstances before the crime were not good, such as driving at a speed without complying with the Gu, and other factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the punishment sentenced by the lower court cannot be deemed to be heavy.

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.