The appeal is dismissed.

The grounds of appeal are examined.

Article 148-2(1)1 of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; effective December 9, 2011) provides that a person who has violated Article 44(1) of the Road Traffic Act at least twice and again, who drives a motor vehicle, etc. while under influence of alcohol in violation of Article 44(1) of the same Act shall be punished by imprisonment with prison labor for at least one year but not more than three years or by a fine of at least ten million won but not more than ten million won. Article 148-2(1)1 of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; Act No. 11004, Dec. 9, 2011) provides that a person who drives a motor vehicle, etc. under influence of alcohol shall be punished by a fine of no penalty or a fine of no penalty, or a principle of proportionality and equality of responsibility.

(see Supreme Court Decision 2012Do10269, Nov. 29, 2012). According to Article 383 Subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. As such, in the instant case where a more minor sentence is imposed against the Defendant, the argument that the sentencing of the sentence is unfair is not legitimate grounds for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.