The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s attempt to commit the instant crime and reflects himself; (b) the Defendant is faced with an economic difficult situation; and (c) there was no additional damage, such as causing a traffic accident due to the instant crime.

However, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in 2002, and the driving under the influence of alcohol constitutes a crime which may cause damage not only to himself but also to other persons' life and body. The current Road Traffic Act provides that if a police officer fails to comply with a drinking test for the purpose of preventing the driving under the influence of alcohol with a considerable reason to recognize that the driving under the influence of alcohol is in a state of drinking for the purpose of preventing the safety of road traffic, it shall be punished more strictly than a mere driving under the influence of alcohol. The court below appears to have sentenced a fine and sentenced a punishment by taking into account all the circumstances of the crime in this case and the financial situation of the defendant, and it appears that there are no special factors or changes in circumstances that may be considered in the sentencing newly after the decision of the court below, and considering various sentencing conditions that have been shown in the records after the crime in this case, the court below's punishment is too unreasonable. Thus, the defendant's assertion is not justified.

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.