The defendant's appeal is dismissed.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination is a relatively short range of time between the distance and the distance driven under the influence of alcohol. The risk of traffic accident is realized and the occurrence of traffic accident is not occurred, and the defendant reflects the mistake while committing the crime, which is favorable to the defendant.

However, the defendant's blood alcohol content at the time of the crime of this case exceeds 0.105%, and the defendant's blood alcohol content at the time of being sentenced to a suspended sentence due to drinking driving, etc., left to the crime of this case at the time of the crime of this case at the same time, and there are unfavorable circumstances to the defendant, such as family relation, economic circumstances, age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, and whether the situation after the sentence of the court below was changed, etc., the court below's punishment can not be deemed to be unfair because it appears to be reasonable and appropriate.

Therefore, the defendant's assertion is without merit.

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

(However, since it is apparent that the part of "proviso of Article 42" in Part 19 of the second part of the judgment of the court below is written by mistake, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.