The defendant's appeal is dismissed.

1. The punishment of a fine of KRW 4 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is too heavy even if the defendant was punished by a fine due to a light alcohol driving in 2009, considering the following: (a) the defendant drives a motor vehicle in a re-driving state with a alcohol level of 0.120% less that of the blood alcohol during his/her blood transfusion; and (b) the defendant was punished by a fine several times for the last 10 years over all other crimes; and (c) the defendant is taking the attitude to recognize and reflect the defendant's mistake; (d) the defendant's family relation, economic circumstances, and other circumstances such as his/her age, sex, environment, details of the crime; and (e) the circumstances after the crime, etc.,

shall not be deemed to exist.

3. In conclusion, 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.