The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. The defendant's decision-making reflects the wrong driving of drinking and thus does not repeat the crime.

It is also recognized that there are difficult circumstances, such as the defendant supports a child due to negligence.

However, drinking driving is a serious crime that causes danger to the life and body of himself and others, and the defendant has committed the crime of this case in spite of the same criminal record twice or more.

The lower court sentenced the maximum statutory penalty for the instant crime (a punishment of imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than 5 million won but not more than 10 million won).

In addition, examining all of the sentencing conditions shown in the records and arguments of this case, such as equity in the punishment with similar cases, age, sex, environment, etc., the sentence of the court below cannot be deemed unfair because the sentence of the court below is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.