The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects, the fact that the vehicle is scrapped and does not repeat again, and the fact that the disabled in the fifth degree is suffering from the disease such as urology, and the need for treatment is more favorable.

However, at the time of the crime of this case, the blood alcohol concentration of the defendant was not specified as 0.117%; the defendant had the history of being punished several times for the same crime; in particular, the defendant committed each of the crimes of this case even though he was under probation after being sentenced to a suspended sentence due to a special larceny; the court below seems to have taken into account the circumstances that are already favorable to the defendant; and there is no change in circumstances or circumstances that may be considered newly after the sentence of the court below; and in light of all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, the background and consequence of the crime of this case, and the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant

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

However, since it is clear that "1. driver's license inquiry" has been omitted in the summary of the evidence of the original judgment, it shall be corrected to add it pursuant to Article 25 of the Regulations on Criminal Procedure.

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