2. In light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., where the Defendant was sentenced to a suspended sentence, even though the blood alcohol content at the time of this case was not relatively high to 0.050%, the Defendant did not reach 4 times, and the Defendant’s previous conviction was committed two times, and the suspended sentence was committed two times, etc., and the Defendant committed the instant crime during the suspended sentence due to the crime of drunk driving, etc., and other sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime.

Even if the defendant can not choose a fine and can not choose a sentence of imprisonment, and the sentence of the court below cannot be deemed to be too unfair in that it is the maximum sentence of the court which selected a sentence of imprisonment and reduced the amount of imprisonment.

3. If so, 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.