The defendant's appeal is dismissed.

1. The lower court’s punishment (one year and four months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.071%.

At the time, the defendant was not a licenseless state.

Before committing the instant crime, the frequency of drinking driving, which the Defendant was punished, has reached four times.

In particular, the Defendant, at the Seoul Western District Court on March 29, 2018, sentenced eight months of imprisonment for a violation of the Road Traffic Act (driving) and released on January 30, 2019, and committed the instant crime again during the period of repeated crime due to a criminal offense for which the parole period has expired on March 25, 2019.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

These circumstances are favorable to the defendant.

In addition, considering the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, the sentence of the court below is considered appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.