The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the fact that the Defendant recognizes and reflects the criminal facts; (b) there is no record of punishment for driving under drinking; (c) the distance of driving at the time of the instant case is about 10 meters short; (d) the driving of a motor vehicle at the time of detection; (e) the driving of a motor vehicle was not at the time of detection; and (e) the head of the police station and the children

However, at the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.115%, and the Defendant was sentenced to imprisonment with prison labor at the Changwon District Court on December 18, 2014 on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and did not know of the fact that the Defendant committed the instant crime without being aware of the fact that the Defendant was committed during the period of repeated crime, and the statutory penalty provides for a fine of at least three million, but not exceeding five million, and the Defendant’s age, environment, sex, motive for committing the instant crime, and circumstances before and after the instant crime, etc. In full view of all other various circumstances, it cannot be deemed unfair for the lower court’s punishment to be too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.