2. It is recognized that the Defendant’s mistake was committed at the latest by committing the instant crime, and that the instant crime did not lead to a traffic accident.

However, despite the fact that the defendant had already been punished two times due to drinking driving, the level of criticism is high in that he drives a vehicle while driving the vehicle at a high level of 0.121% alcohol level in the second blood.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.