The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the direct trial-oriented principle, there exists an area unique to the first instance judgment regarding the determination of sentencing, and the fact that there is a change in the conditions of sentencing compared to the first instance judgment, and that the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that: (a) the fact that the Defendant misleads and reflects the Defendant’s mistake; (b) the fact that the Defendant has no same criminal record; and (c) the Defendant supports the children with intellectual disability as North Korean defectors.

On the other hand, however, there is no change in the situation in the sentencing guidelines and the matters requiring the conditions of sentencing after the sentence of the court below.

The defendant driving a long distance from 25 km under the influence of alcohol concentration of 0.168% during blood, and the nature of the crime is not less than that of the crime.

Punishment determined by the court below constitutes the minimum statutory penalty.

In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

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.