The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The legislators amended the Road Traffic Act on December 24, 2018 by taking into account the social damage caused by drunk driving and the gravity of the act of violation, etc., and Article 148-2(1) of the Road Traffic Act, which applies to the Defendant, provides that a person who violates the prohibition provision under the influence of alcohol shall be punished by imprisonment for not less than two years but not more than five years, or by a fine not less than ten million won but not more than twenty million won.

The court below sentenced a sentence lower than the statutory punishment after taking account of the circumstances favorable to the defendant, including the fact that the defendant's recognition of the crime of this case appears to reflect, and that the crime of this case was not caused by traffic accident. The court below, at the time of the crime of this case, sentenced a punishment lower than the statutory punishment. In full view of various circumstances, including the defendant's age, character, environment, developments leading up to the crime of this case, driving distance, and the circumstances after the crime of this case, where the blood alcohol concentration was higher than 0.134%, the defendant was at the time of the crime of this case, and the defendant was under the influence of alcohol by dangerous methods, such as excessive operation of the steering gear or violation of signal, etc., the defendant was sentenced to imprisonment several times due to the violation of the Road Traffic Act, and there was a history of criminal punishment several times for traffic-related crimes, it does not seem that the sentence imposed by the court below is too unreasonable.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.