The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., a fine of five million won) is too unreasonable.

2. The judgment of the defendant reflects the wrong driving under the influence of alcohol and thus does not repeat the crime. The blood alcohol concentration is not high to 0.058%, and the distance operated is relatively short to 30 meters, and the economic situation of the defendant is difficult, etc. are favorable to the defendant.

However, in light of the fact that drinking driving is a serious crime that may endanger the life and body of himself/herself and other persons, and there is a need for the Defendant to strictly punish him/her by committing the instant crime even though the same criminal record was two times. The lower court sentenced to the maximum sentence of the statutory penalty of the instant crime (a imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than 5 million won but not more than 10 million won), and other similar cases and all of the sentencing conditions shown in the instant records and arguments, such as equity in punishment with similar cases, Defendant’s age, character and behavior, and environment, it cannot be said that the lower court’s sentence is too unreasonable.

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.