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. It is recognized that the Defendant repents and reflects the Defendant’s wrong, and that the driving distance is approximately three meters short.

However, despite the fact that the defendant had already been punished for driving alcohol, he again led to the crime of this case, and the driving of drinking alcohol is highly likely to cause serious harm to the life and body of others.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as Defendant’s character and conduct, environment, and circumstances after the crime, etc., the lower court sentenced the lowest sentence within the scope of statutory punishment, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In so doing, the lower court’s sentence is too unreasonable.

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