2. It is recognized that the Defendant recognized his mistake and reflected his mistake, and the driving distance is relatively short.

However, the Defendant had the record of being punished several times due to drinking driving in the past, and in particular, on July 29, 2016, the Defendant committed the instant crime even though he/she had been sentenced to two years of suspended sentence, protection observation, community service, and attending order on August 6, 2016, which became final and conclusive on August 6, 2016, and had been under the protection observation period due to suspended sentence, and even if he/she had been under the protection observation period due to suspended sentence, he/she committed the instant crime, etc., under the unfavorable circumstances to the Defendant. In addition, considering the following circumstances, there is no special circumstance or change that newly considered in sentencing after the sentence of the lower judgment, the Defendant’s age, sexual behavior, environment, motive and background of the instant crime, means and method of the crime, and circumstances after the crime, etc., as well as the sentencing conditions indicated in the instant arguments and the records, it is not

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.