2. There are extenuating circumstances, such as the fact that the defendant recognized the crime of this case as well as the mistake, the fact that the defendant would not drive under the influence of alcohol again, and the fact that the parent, etc. of the defendant seems to maintain his livelihood based on the import of the defendant.

However, the Defendant had already been punished for drinking driving from 2013 to 2016 three times (one time of suspended sentence of imprisonment and two times of fine). Moreover, even though the Defendant had already been subjected to suspended sentence for drinking driving, the Defendant committed the instant crime since one month has not passed since the period of suspended sentence was terminated without genuine reflect.

At the time of the instant crime, the Defendant, at the time of drinking alcohol concentration of 0.182%, was highly likely to drive a motor vehicle due to drinking, such as changing the vehicle rapid, failing to observe the lane properly, driving a motor vehicle in a remote distance from the left and right, etc.

As above, not only the nature of the crime of this case is insufficient, but also it seems that the defendant significantly lacks compliance consciousness and effort to prevent recidivism, and it is inevitable to severely punish the defendant.

Meanwhile, in consideration of the favorable circumstances in favor of the defendant, the court below sentenced the maximum imprisonment by reducing the imprisonment with labor for the crime of the Road Traffic Act.

In light of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, circumstances before and after the instant crime, etc., it cannot be deemed that the lower court’s punishment is unreasonable as it is unreasonable.

Defendant’s assertion is not accepted.

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.