The defendant's appeal is dismissed.

The gist of the grounds for appeal by the defendant is that the sentence of the court below which sentenced a fine of KRW 4,00,000 is too unreasonable, in light of the fact that the defendant raises three children and lives together, etc.

In light of the fact that the Defendant was punished as a fine for the crime of violation of the Road Traffic Act, even though there was a history of punishment for the Defendant, the sentence of the lower court cannot be deemed to be too unreasonable because it is too unreasonable in view of the following circumstances: (a) the Defendant was under the influence of alcohol driving again causing a traffic accident; and (b) the Defendant’s age, environment, and circumstances after committing the crime.

[In light of the above, the sentence of a fine of KRW 4,00,000 imposed by the court below is unlawful since it exceeds the lower limit of the applicable sentences under the law against the defendant (the fine of KRW 5,000,000 and KRW 35,000). However, in this case where only the defendant appealed, the defendant's appeal is dismissed only after maintaining the original sentence in accordance with the principle of prohibition of disadvantageous alteration as stipulated in Article 368 of the Criminal Procedure Act. Therefore, 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.