2. The judgment of the defendant recognized the crime of this case and is against the law.

As claimed by the defendant, the defendant's health condition has partially affected the blood alcohol concentration measurement.

However, social harm caused by drunk driving is very serious and thus it is necessary to punish the defendant. In particular, the defendant cannot avoid severe punishment in that he/she committed the crime of this case during the period of repeated crime of the same kind that he/she has been sentenced to imprisonment for one year and two months from 2015 to 2017 due to the violation of the Road Traffic Act on May 25, 2017.

The lower court also considered the factors favorable to the Defendant, and determined the sentence against the Defendant, and there is no change in the sentencing conditions that may be specially considered in the trial compared with the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.