The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 3.5 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the Defendant’s recognition of the instant crime and reflects his mistake, the first offender who had no record of criminal punishment previously, and the family members to support, including two children, and the fact that the economic situation did not change.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of 0.102% of blood alcohol concentration, and the case is not less light in light of the blood alcohol concentration, and it is difficult to view that there is an accident that causes a shock of the vehicle breaker of the apartment house in which the defendant resides, and that there is an urgent or inevitable circumstance that the defendant should drive under the influence of alcohol. As a serious crime that causes danger to the life and body of himself/herself and others, the amended Road Traffic Act strengthens criminal punishment by raising the statutory punishment therefor. Considering the various circumstances, the court below seems to have already determined the sentence against the defendant by taking into account the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below is not unreasonable.

Therefore, the defendant's assertion is without merit.

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.