The defendant's appeal is dismissed.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 3,000,000) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant reflects the mistake, and that the defendant lives without a certain occupation and is in an economically difficult situation.

However, the crime of this case is deemed to have driven a car while under the influence of alcohol by the defendant, in light of the contents of the crime, the liability for the crime was heavy, the degree of alcohol level was high at the time of the defendant, the punishment of the court below was the lowest of the statutory penalty, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the defendant, which was recognized above, do not constitute a change of special circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and considering all all the circumstances surrounding the sentencing in this case, including the defendant's age, sexual behavior, environment, etc., the court below's punishment against the defendant is too unfair.

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