The appeal is dismissed.

The grounds of appeal are examined.

According to the records, although the defendant alleged that he was guilty of the violation of the Road Traffic Act among the facts charged in the instant case on the ground of appeal, the court below judged that he was only an unfair argument for sentencing and dismissed the defendant's appeal.

However, according to the evidence duly adopted and examined by the court below and the first instance court, it is found guilty of violation of the Road Traffic Act (e.g., refusal of drinking), among the facts charged in the instant case. Therefore, the above error of omission does not affect the conclusion of the judgment.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.