The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (a fine of 5 million won) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the defendant has a previous record of drunk driving, the defendant does not reach an agreement with the victims, the crime of drunk driving in this case reaches 0.164%, and the defendant's age, character and conduct, environment, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, circumstances after the crime, etc., shall not be deemed to be heavy.

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

[However, since it is apparent that the omission of "Article 40 and Article 50 (Mutual Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)" was made after the third page 11 of the judgment of the court below, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.]