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, etc., the defendant was sentenced to a suspended sentence for driving without a license in 2009 and driving without a license in 2012, and had been sentenced to a fine for drinking and driving without a license in 2012 on several occasions, and committed the crime in this case during the suspended period due to drinking driving in 2012, and it is difficult to say that the blood alcohol concentration at the time of the instant case is 0.086% and lower, taking full account of all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions as stated in the records and arguments, it cannot be said that the sentence imposed by 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.