2. The circumstances favorable to the Defendant are that the Defendant recognized all of the instant crimes and reflected, and that the Defendant was not driving the vehicle at the time of the instant case to the extent of 200 meters, etc.

However, in consideration of the above favorable circumstances in the defendant, the court below held that the defendant had already been sentenced to punishment by taking into account the following factors: (a) the defendant's blood alcohol content at the time of the case was more than 0.159%; (b) the defendant had been subject to punishment three times due to drinking even before the case; (c) the defendant committed the crime in this case without being subject to suspended sentence due to drinking; (d) the defendant committed the crime in this case without being subject to suspended sentence; and (e) the current Road Traffic Act provides that the person who has violated the prohibition provision on drinking twice or more times to prevent the driving of drinking which threatens traffic safety and to escape awareness about it, such as the fact that the person who has violated the prohibition provision on drinking twice or more times again takes a more severe punishment when driving alcohol, and thus, the court below did not reverse the sentence to the extent that the defendant's age, family relation, criminal record, sex, environment, means and method of the crime, motive and circumstances after the crime in this case.

3. As such, 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.