The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The Defendant’s judgment is going to reflect in depth the mistake of the instant crime and not repeat the crime.

However, the Defendant had been punished for drinking driving in 2004, and committed the instant crime, and the Defendant’s blood alcohol concentration was 0.109% high.

Article 148-2 (2) 2 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.1% shall be punished by imprisonment with prison labor for not less than six months but not more than one year or by a fine not less than three million won but not more than five million won. The lower court, taking into account the circumstances that the Defendant’s economic situation is difficult, determined the amount of the fine which is the lowest of the statutory penalty after selecting the fine.

In addition, considering the equity of punishment with similar cases, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

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.