The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is divided into and against his mistake, that the defendant does not repeat the crime, that the current divorce lawsuit is pending, that is, the situation in which the mother and the young children should be supported is the most favorable situation.

However, the defendant's blood alcohol concentration at the time of the crime of this case is high 0.218%; the defendant has been punished several times for the same crime; in particular, the defendant committed the crime of this case even though he was sentenced to a suspended sentence for imprisonment due to the same crime; the court below seems to have taken into account the circumstances that have already been favorable to the defendant; there is no change in circumstances or circumstances that may be considered newly after the sentence of the court below; and in light of all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, the background and result of the crime of this case, and the circumstances after the crime of this case, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without

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.