The punishment of the court below (4 months of imprisonment) is too unreasonable.

Judgment

It is advantageous that the defendant's mistake is recognized, and that the blood alcohol concentration is not relatively high by 0.097%.

However, the Defendant’s assertion is without merit, given that the lower court’s punishment is too unreasonable, taking into account the following factors: (a) the history of the instant crime, including the suspended sentence, was several times; (b) the Defendant was sentenced to a suspended sentence of two years on September 20, 2012 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the Defendant was sentenced to a fine on one occasion for the violation of the Road Traffic Act (non-licensed Driving) that was committed during the suspended sentence; (c) the Defendant committed the instant crime even though the Defendant was subject to a suspended sentence of one time; (d) the Defendant committed the instant crime during the suspended sentence due to the crime of intrusion upon residence; and (e) other various sentencing conditions specified in the instant argument, including the background of the instant crime; (e) the circumstances following the instant crime;

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.