2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant had no record of the suspension of execution or higher due to the same kind of crime, and the fact that the Defendant has a mother who has a good health to support the Defendant.

However, the Defendant has been punished three times due to drinking or unlicensed driving. In particular, the Defendant was sentenced to a two-year suspended sentence on July 9, 2013 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the judgment was finalized on April 11, 2014, which became final and conclusive on April 11, 201, and committed the instant crime even during the suspended sentence, and the Defendant’s blood alcohol level was relatively high by 0.134%, and the driving distance was also about 20km, and the instant statutory punishment was also about 6 months and less than one year. The instant statutory punishment was sentenced to imprisonment with prison labor. The lower court did not change special circumstances or changes in circumstances that may be newly considered in the first instance court’s trial and did not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do7236, Jul. 26, 2015).

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.

However, ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, the lower court’s amendment is to add “Article 53 and Article 55(1)3 of the Criminal Act to the “application of the statutes” of the lower judgment.