The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. There are circumstances to take into account the circumstances such as the Defendant’s net recognition of and reflects on the instant crime, but the instant crime is driven by the Defendant while under the influence of alcohol without a driver’s license.

In order to maintain the traffic signal atmosphere, the traffic of this case is likely to cause injury to the victims, and it is not easy to respond to the request of the police officer for the measurement of drinking by the police officer after receiving the report. The Road Traffic Act provides that a person who has violated the prohibition clause on drinking again more than twice in order to prevent the drinking driving that threatens the safety of the traffic and to ensure the awareness of it, shall be punished more strictly. The defendant has already been subject to criminal punishment twice for the violation of the Road Traffic Act (driving) before committing the crime in this case. The defendant has already been sentenced to a fine of five million won, which is the lowest punishment calculated by selecting the concurrent criminal, and the sentencing conditions stated in the argument in this case, such as the age, character and conduct of the defendant, criminal records, and circumstances after committing the crime, etc., the defendant's punishment of five million won is not reasonable and unreasonable. Therefore, the defendant's assertion that the court below's punishment of the fine of this case is too inappropriate.

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

(However, the lower judgment’s correction is made to “ February 19, 2012.” under the first sentence of paragraph (2) of the crime of the lower judgment as “ February 18, 2012.”