2. The following are the circumstances favorable to the Defendant: (a) the Defendant, in depth and reflects the instant crime; (b) the background leading up to the driving of the instant case; and (c) the fact that the previous suspended sentence is likely to be invalidated if the judgment that sentenced the Defendant to imprisonment with prison labor becomes final and conclusive.

However, the Defendant cannot take into account the following circumstances: (a) the Defendant had already been subjected to two times or a suspended sentence due to drinking driving; (b) was in the period of a suspended sentence due to drinking driving; (c) was running the instant drinking driving without a license; and (d) the possibility that the victim may incur from such repetitive crimes cannot be ruled out.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively unreasonable even if considering all favorable circumstances for the Defendant.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.