The sentence of the court below (4 months of imprisonment) is too unreasonable.

Judgment

Although the Defendant confessions and reflects the instant crime, and the distance of operation of the vehicle at the time of the instant case is relatively short, it is deemed that the Defendant’s blood alcohol level reaches 0.104% at the time of the instant driving. Meanwhile, the Defendant’s assertion is unreasonable on the following grounds: (a) the Defendant’s blood alcohol level at the time of the instant driving reaches 0.104%; (b) the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime; (c) the Defendant was notified of a summary order of KRW 3 million for the same violation of the Road Traffic Act; and (d) again committed the instant crime only for about two months after being sentenced to a summary order of KRW 3 million; and (e) other Defendant’s age, character and conduct, environment, criminal records, circumstances after the instant crime, and risk of recidivism.

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