2. The following facts are favorable: (a) the Defendant recognized his mistake; (b) the blood alcohol content was not higher than 0.070%; (c) there are circumstances to take into account the circumstances leading to the instant driving; (d) the relationship between the previous conviction for which the judgment of the court below became final and the latter part of Article 37 of the Criminal Act should take into account the equity in the case at the same time with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act; (b) on the other hand, there are several criminal convictions for driving and driving without a license; and (c) the Defendant committed the instant crime of this case among the attempts which were tried in the latter concurrent crimes of Article 37 of the Criminal Act. The lower court appears to have determined the sentence by fully considering the favorable circumstances for the Defendant; and (d) there seems to have been no change of circumstances that could vary from the judgment of the court below and the sentence in this court; and (e) the punishment of the lower court is too unfair, taking into account the circumstances leading to the instant crime, the Defendant’s age, age, character, and environment, etc.

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.