2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant made a confession of the instant crime; (b) the Defendant failed to repeat the same crime, such as disposing of the instant driving vehicle, etc.; and (c) the Defendant’s wife appears to have a clear social relation, such as the Defendant’s desire to leave the Defendant’s wife, etc.

However, the Defendant’s blood alcohol content at the time of committing the instant crime was 0.132%, and the Defendant had been already punished several times for the same crime, but during the suspension period, despite the past records of punishment, the Defendant committed the instant crime during the period of suspension of execution. The Defendant, immediately after committing the instant crime, had the Defendant make a false statement to the police and denied himself/herself, etc. In full view of the following factors: the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the Defendant’s assertion is without merit.

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.