2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized and reflected the instant crime; (b) there was a family member to support the Defendant; (c) there was no criminal record of a stay of execution or higher due to the same kind of crime; and (d) the Defendant’s blood alcohol concentration at the time was not very high by 0.099%.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime of the same kind when he/she had been punished 11 times in total due to the traffic-related crimes, such as driving without a license, even though he/she had been punished five times due to drinking driving, etc.; and (b) the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, and circumstances before and after the commission of the crime, etc., which are the conditions for sentencing as shown in the instant records and pleadings, the Defendant’s punishment is too unreasonable.

On the other hand, the defendant sought a reduction or exemption if community service hours are excessive, but in light of the contents of the crime of this case and the records of the defendant's criminal act, etc., the defendant needs to have an opportunity to reflect his behavior and recover social responsibility through community service. Although the community service order for 80 hours is likely to somewhat obstruct the defendant's living, it is difficult to reduce or exempt it solely on the grounds that it may interfere with the defendant's business operation, and there is no special circumstance to reduce or exempt it.

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.