The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. The Defendant has somewhat favorable circumstances for the Defendant, such as: (a) the confession of his offense was committed in the first instance, and his mistake was remarkably repented; (b) again, he does not drive under the influence of alcohol; (c) the Defendant appears to have a family member to support the Defendant; and (d) the Defendant has no record of criminal punishment for about seven years since 2006 until now.

However, the crime of this case is deemed to have been committed in a state of drinking without justifiable reasons even though the defendant was requested by a police officer to take a drinking test, and the nature of the crime is not less and more severe. The defendant does not seem to have any urgent or inevitable circumstances that the defendant should drive in a state of drinking, and the defendant has already been punished twice, and considering the risk of drinking driving and social harm, it is highly necessary to punish the defendant in light of the purpose of the amended Road Traffic Act that intends to strengthen the punishment. In addition, considering the defendant's character, character, age, academic background, occupation, intelligence and environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., as a whole, the court below's punishment is not unfair, since the defendant's assertion is without merit.

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.