2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, the victim does not want to punish the defendant, and the fact that the defendant voluntarily surrendered to an investigative agency after the crime is committed.

However, since the crime of this case was committed in a remote distance between the defendant and the defendant's minor time, the nature of the crime is not good, and there was a possibility of causing serious result due to the danger of the criminal tool. The defendant, even though he had the past record of criminal punishment by drinking alcohol, using violence, causing a traffic accident through drinking driving, and escape from a drinking driving, he once drinks again and commits the crime of this case. In full view of all other circumstances including the defendant's age, character and behavior, intelligence, environment, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be improper because it is too inappropriate.

Therefore, the defendant's above 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.