(2) On the date of the first trial, the defendant has withdrawn the assertion of mistake of facts on the date of the first trial). The fact that the defendant's judgment came to show the attitude of recognizing and reflecting the crime, the defendant's spouse's health is not good, and the defendant's living is difficult, is favorable to the defendant.

However, in light of the circumstances unfavorable to the Defendant, such as the fact that the blood alcohol content of this case was not lower than 0.145%, the Defendant had the past history of being punished twice due to drinking driving, the first time of crackdown that the Defendant was at the time of drinking driving, and the fact that he had had an agent drive after the time of crackdown, and that he denied the crime even the lower court’s judgment by asserting that he had an agent drive after the time of crackdown, and that the attitude was not good at the time of crackdown, and all other sentencing conditions indicated in the argument of this case, it cannot be deemed that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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