The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The Defendant’s mistake is divided and reflected, and the blood alcohol concentration of the Defendant at the time of driving under the influence of alcohol in this case is 0.068% by the defense counsel, and since the blood alcohol concentration of the Defendant through the blood collection test is 0.058% by the blood alcohol concentration of the Defendant, among the facts charged in this case, 0.068% of the blood alcohol concentration of the Defendant is 0.058% of the amount of the instant charges.

However, according to the records, the Defendant’s final drinking time was 00 June 3, 2015, and the blood collection test (as of June 4, 2015: 17:18) was conducted after one hour and 18 minutes from the Defendant’s drinking driving time (as of June 4, 2015: 16:00). Thus, it is reasonable to view the Defendant’s blood alcohol level at the time of driving under the influence of alcohol as 0.068% (as of June 4, 2015, 38 pages of the investigation record) calculated by applying the Bamark formula.

A relatively low, the fact that it is expected not to repeat a crime, and the fact that there is a family member to support as the most favorable.

However, the defendant has been punished several times for the crime of drinking and unlicensed driving, in particular, even though he was sentenced to the suspended sentence due to the same crime, he repeated the crime of this case, considering the circumstances that are already favorable to the defendant in the original judgment, and there are no special circumstances or circumstances to be considered newly after the sentence of the original judgment, and considering all the sentencing conditions in this case, such as the defendant's age, character and behavior, environment, circumstances and results of the crime of this case, the circumstances after the crime, etc., the court below's sentence is too unreasonable. Thus, the defendant's above assertion is without merit.

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

However, on June 16, 2015, the third following the second written judgment of the court below is the third written judgment of the court below.