Defendant

The appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (two months of imprisonment, two years of suspended execution; 200 hours of community service and 40 hours of attendance order) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant reflects his mistake in depth; (b) the blood alcohol concentration of the Defendant at the time of driving under the influence of alcohol was relatively high by 0.087%; (c) the economic form of the Defendant seems difficult; and (d) there are family members to support.

However, in full view of the following factors: (a) the Defendant driven a distance from 10km to 10km without a driver’s license for driving alcohol more than 2 hours without a driver’s license; (b) the Defendant was subject to punishment for the same kind of crime; (c) the Defendant committed the instant crime; and (d) the Defendant’s age, character and conduct, environment, the instant crime circumstances, and circumstances before and after the instant crime; and (c) the lower court’s sentence imposing an incidental disposition such as probation and community service order, when sentenced to a suspended sentence of imprisonment with prison labor, is deemed unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.