The punishment of the court below (three years of probation for eight months of imprisonment, one of 120 hours of community service, and forty hours of law-abiding lecture) is too unreasonable.

Judgment

The fact that the defendant recognizes his mistake, the degree of injury of the victims is not severe, and the vehicle of the defendant is covered by the comprehensive insurance is a favorable sentencing factor.

However, it is an unfavorable sentencing factor such as the fact that a large number of criminal records including the Defendant’s punishment for drinking or unlicensed driving, the Defendant caused a traffic accident while driving under the influence of alcohol, and the fact that the Defendant’s blood alcohol level at the time is very high to 0.200%, etc., and the lower court appears to have determined punishment by fully considering the circumstances favorable to the Defendant. The lower court did not change the circumstances favorable to the Defendant. The lower court did not change the circumstances that would have different from the lower court’s judgment, and other sentencing materials as indicated in the pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s personality and conduct, and the environment, are considered as being too unreasonable. Therefore, the Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.