The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Drinking driving is a crime that may inflict a significant harm on an unspecified person, and its social risk is considerably high.

Although the Defendant had been punished twice by a fine due to drinking driving, he again committed the instant crime, and there is no new change in circumstances that could change the sentence of the lower court in the first instance.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, living environment, health condition (the proof of alcohol), and blood alcohol level (0.175%) at the time of the instant case as shown in the hearing of the lower court and the party, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot.

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