The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The Defendant did not have any record of punishment for the same kind of crime since 2010, and said Defendant did not commit the instant crime in depth and did not repeat again.

After the divorce, the defendant supports the child while carrying out oral cleaning.

However, the defendant has three times of the same kind, and the blood alcohol concentration of the defendant was 0.220% higher.

Article 148-2 (2) 1 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.2% shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than five million won but not more than ten million won. The court below selected a fine in consideration of the circumstances where the defendant's economic situation is difficult, etc., and then determined the amount of the fine which is the lowest of the statutory penalty.

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.