The defendant's appeal is dismissed.

1. The lower court’s sentence (10 months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment appears to have the attitude of recognizing and opposing the Defendant’s criminal act, and the alcohol concentration in the blood of this case is relatively high, the driving distance is short, and the fact that there is no power to be sentenced is favorable.

On the other hand, the defendant was sentenced to a fine by drinking in 1999, 2006, 2009, 2007, 2008, 2008, and 2012, and was sentenced to a suspended sentence due to drinking and non-licensed driving in 2014.

The court below seems to have sentenced a sentence lower than statutory punishment by taking account of the conditions favorable to the defendant.

In addition, comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is rejected.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 44(1) of the Road Traffic Act on August 17, 2007, the Defendant issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Seoul Northern District Court on August 17, 2007, and on May 13, 2008, the Defendant violated Article 44(1) of the Road Traffic Act on more than two occasions, such as receiving a summary order of KRW 1,50,000 for the same crime at the Busan Northern District Court on May 13, 2008.

“The part of the indictment is likely to mislead the Defendant by misunderstanding that only the non-exclusive driving power, not drinking driving, is written in the process of saving the written indictment. Accordingly, pursuant to Article 25 of the Regulation on Criminal Procedure, “The Defendant is punished by a fine as a crime of violating the Road Traffic Act (toxicated Driving) at the Seoul Southern District Court on November 4, 2009.”