2. There are extenuating circumstances, such as the fact that the defendant recognized the crime of this case as well as the fact that the defendant is not driving under the influence of alcohol again, and that the defendant needs social consideration as a new citizen from North Korea.

However, the defendant has already been punished several times due to drinking driving, and the defendant committed the crime of this case without any serious reflect even though he has been sentenced to a suspended sentence of imprisonment or imprisonment with prison labor for drinking driving. However, it is inevitable for the defendant to strictly punish the defendant as he lacks compliance awareness or efforts to prevent recidivism.

After drinking control, the defendant is not in good condition after committing the crime, such as attempting to leave the defective vehicles that investigative agencies attempted to arrest the defendant in the act of committing the crime.

Although the Defendant appears to have adapted to a new society since entering the Republic of Korea around September 2002, the Defendant’s repeated act of violating the laws of the Republic of Korea with light to the said laws cannot be regarded as being equitable with other similar cases.

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 addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is inappropriate. Thus, the Defendant’s assertion cannot be 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.