The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

Although the defendant's mistake is divided and the family's livelihood is difficult due to detention, the defendant has a variety of criminal records of drinking or non-licensed driving, and the crime of this case was committed during the same period of probation, the crime of drinking under the Road Traffic Act constitutes a case where the defendant has already been punished twice or more due to drinking driving, and the degree of blood alcohol content is 0.162% or more, and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are considered, and the punishment of the court below is heavy.

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.