The defendant's appeal is dismissed.

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (three million won of fine) is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime and divided the instant crime; (b) there was no same criminal record; (c) there was no record of criminal punishment since 1994; (d) the Defendant’s economic situation is difficult; and (e) the Defendant must raise two infants born to the baby.

However, drinking driving is highly likely to cause a traffic accident, and it is necessary to strictly diversify it for a crime that may threaten the life and body of others, and the punishment for drinking is strengthened by the revision of the Road Traffic Act in 2011. At the time of the instant case, the Defendant’s blood alcohol level was higher than 0.105%. Article 148-2(2)2 of the Road Traffic Act provides that a person whose blood alcohol level is more than 0.1% shall be punished by imprisonment with prison labor for not less than six months but not more than one year, but not more than five million won. In full view of all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the fact that the lower court selects a fine and sentenced the Defendant to the statutory minimum sentence. Thus, the Defendant’s assertion is without merit.

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.