Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (six months of imprisonment) is too unreasonable.
Judgment
In light of the facts that the defendant recognized his mistake, that there is a family member to support the defendant including his child, while on the other hand, it is favorable for the defendant to have a same criminal record, that the blood alcohol content is higher than 0.144%, that the defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and that the defendant committed the crime in this case during the suspension period of execution after being sentenced to the suspension of execution for three years in August, 2012, and that the defendant committed the crime in this case during the suspension period of execution. In addition, six months of imprisonment with prison labor sentenced by the court below was the lower sentence which has been sentenced to discretionary mitigation, taking into account various sentencing conditions as shown in the arguments in this case, such as the background of the crime in this case, circumstances after the crime, the defendant's age, character and behavior, and environment, it is not recognized that the sentence of the court below is inappropriate because it is too too large.
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.