The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment, one hundred and sixty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.

2. It is recognized that there are circumstances such as the fact that the Defendant recognized the instant crime and reflects the mistake, that the Defendant suffers from diseases, such as the type of discard and the pulmonary disease, and that the Defendant is not sufficiently capable of economic conditions as a basic living recipient.

However, the crime of this case was committed by the defendant without a driver's license and driving a 5km motor vehicle under the influence of 0.195% of blood alcohol level. In light of the blood alcohol level, driving distance, etc., the case is not easy. The defendant has been punished twice by a fine due to drinking driving, a fine for non-driving, and a fine for one time due to non-compliance with a drinking measurement. The revised Road Traffic Act is a serious crime causing danger to the life and body of himself/herself and others, raising the statutory punishment, strengthening criminal punishment by dividing the statutory punishment according to the violation power, the blood alcohol level, and the blood alcohol level. As seen above, although the defendant suffered from the destruction type, closed pulmonary disease, etc., it is not deemed impossible or extremely difficult for the defendant to carry out community service order, and it appears that the above problem can be resolved by adjusting the schedule through consultation with the probation officer, and considering the circumstances that led to the defendant's age, occupation, family relationship, and the circumstances before and after the crime of this case and the records, it seems unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.