2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, was relatively short of the distance of operation, and that the Defendant was under control while driving after driving on the water.

B. However, in full view of the following circumstances: (a) the Defendant’s driving of a vehicle under the influence of 0.107% alcohol content in blood and the quality of the crime is not very good; (b) the Defendant has been punished several times due to driving of alcohol or driving without a license; (c) the Defendant committed the instant crime during the suspended execution period due to the same kind of crime; (d) the driving of alcohol constitutes the instant crime not only the driver but also the life and body of others; and (e) there is a need to strictly punish the driving; and (e) other circumstances favorable to the Defendant, such as the Defendant’s age, background, and circumstances after the commission of the instant crime, are considered, even if the lower court’s sentence is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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