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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below (six months of imprisonment) is too unreasonable.
Judgment
The Defendant’s confession and reflects the instant crime, and the blood alcohol concentration of the instant case is relatively high. However, even though the Defendant had been sentenced to imprisonment or a fine several times due to the same violation of the Road Traffic Act in the past, it again leads to the instant crime, considering all the sentencing conditions, including the Defendant’s age, character and conduct, environment, criminal records, circumstances after the instant crime, and risk of recidivism, the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.
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.