2. Although there are favorable circumstances for the defendant, such as the confession of the crime of this case and the violation of his mistake, the defendant committed the crime of this case during the suspension of execution even if he was sentenced to a fine and a suspended sentence several times for the same crime even before, and at the same time, he committed the crime of this case during the suspension of execution. The defendant's blood alcohol concentration at the time of driving of this case cannot be deemed to be a lower amount than 0.166%. There are no special circumstances to change the sentence of the court below in light of the reasoning for the sentencing of the court below, and there are no other circumstances to change the sentence of the court below at the time when the judgment was reasonable and the judgment was made in the first instance, and the defendant's age, sex, intelligence and environment, motive, motive, means, method, and consequence of the crime of this case, the circumstances before and after the crime of this case, and the criminal record relation, etc. are not recognized to be unfair since the sentence of the court below is too excessive.

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