2. There are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and erred, and that the Defendant would not drive a drinking free license again, and that it is difficult to pay the child support for the children who were paid to the previous wife after the divorce as the Defendant was detained in the instant case.

However, at the time of committing the instant crime, the Defendant’s blood alcohol content is very high as 0.171%, and the driving distance is not shorter than about 18km, and the quality and circumstances of the instant crime are not weak.

In addition, the defendant has already been punished six times due to drinking alcohol driving, refusal of drinking alcohol measurement, or non-licensed driving (one time of the suspended sentence of imprisonment, five times of fines), and the defendant committed the crime of this case, which is the same kind of crime, during the suspended sentence period without any genuine reflection even though he had already been subjected to the suspended sentence for drinking driving and non-licensed driving, and it is inevitable to punish the defendant significantly lack of compliance consciousness or effort to prevent recidivism.

Meanwhile, in consideration of the favorable circumstances in favor of the defendant, the court below sentenced the maximum imprisonment by reducing the imprisonment with labor prescribed by the Road Traffic Act.

In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., all the sentencing conditions as shown in the instant pleadings, etc., even if the lower court’s punishment is sufficiently considered, it cannot be deemed unfair due to the failure of the lower court’s punishment, and thus, the Defendant’s assertion cannot be accepted.

3. 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.