The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 160 hours) is too unreasonable.

Judgment

Although the Defendant was punished for a fine of KRW 4 million (0.188%) on December 22, 2014 due to drinking driving, and a fine of KRW 2 million (0.068%) on December 30, 2016, on two or more occasions, he/she committed the instant driving of alcohol in the blood alcohol content of KRW 0.194%, even though he/she had been punished for a fine of KRW 4 million (0.188%) on December 30, 2016.

Although the defendant reflects his mistake, the amount of alcohol concentration in the blood of this case was 0.194% higher than that of this case.

In full view of the above circumstances, comprehensively taking into account the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be deemed that it is unfair because it is too unreasonable to do so.

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