The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant began to have been punished by a fine due to a drinking driving in around 201, and was punished five times as a drinking-free driving, four times as a result of refusal to take a measurement of drinking, and has reached several times the history of being punished as a traffic-related crime, such as non-licensed driving, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.

In light of the fact that the Defendant has been continuously exempted from punishment, and that the Defendant repeated the crime of drinking of this case and the Defendant’s blood alcohol concentration is 0.228%, it is inevitable to severely punish the Defendant.

If there is no new change in circumstances that could change the sentence of the lower court in the trial at the lower court, and comprehensively takes into account the sentencing conditions, such as the Defendant’s age, occupation, living environment, health conditions, etc. as shown in the trial at the lower court and the party deliberation, the sentence imposed by the lower court is not hot within the reasonable scope of discretion.

3. Accordingly, 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. It is so decided as per Disposition.