2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects his mistake, and the defendant is not sufficiently capable of working due to his lack of occupation, and the defendant has no record of being punished for the same kind of crime.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of alcohol of 0.164% in blood, and the case is not less and less in light of the blood alcohol concentration level, etc. In light of the above, drinking driving is a serious crime that may endanger the life and body of himself/herself and other persons, and the revised Road Traffic Act has increased the statutory punishment and strengthened the criminal punishment by dividing the statutory punishment according to the blood alcohol concentration level, and there is no circumstance that the defendant inevitably should drive a motor vehicle under the influence of alcohol at the time of the crime of this case, and there is no circumstance that the defendant should inevitably drive a motor vehicle under the influence of alcohol at the time of the crime of this case. In addition, considering all other circumstances, the sentence of the court below is unreasonable because it is excessively unreasonable.

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.