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

Judgment

The fact that the defendant's mistake is recognized is advantageous; however, it is possible for the defendant to be punished for the same kind of drinking driving, including the suspension of execution; that is, the crime during the suspension of execution; that is, the blood alcohol concentration is very high to 0.202%; and that other factors of sentencing as shown in the argument of this case such as the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, etc. are considered as a whole, it is not recognized that the sentence of the court below is too unreasonable. Therefore, the defendant's argument is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.