The defendant's appeal is dismissed.

Summary of Grounds for Appeal

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

Judgment

The fact that the defendant repents his mistake and reflects his mistake, that he does not repeat again by disposing of the vehicle, and that it is the situation that the family with the disability should support as the best.

However, the Defendant’s blood alcohol level at the time of committing the instant crime was not specified as 0.185%, and the Defendant had been punished several times for the same crime. In particular, even if the Defendant had been sentenced to the suspended sentence due to the same kind of crime, the Defendant repeated the instant crime, taking into account the circumstances favorable to the Defendant in the lower court, and there is no change in the circumstances that may be newly considered in sentencing after the sentence of the lower court was rendered, and considering all the sentencing conditions in the instant case, including the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and the circumstances after the crime, the Defendant’s above assertion is not reasonable, since it is not recognized that the lower court’s sentence is too too unreasonable.

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, among the application of the law of the court below, it is clear that the "Article 53 and Article 55 (1) 3 of the Criminal Procedure Act" was omitted on the 2nd page between the 14th and 15th page in the application of the law of the court below. Thus, it is corrected to add it under Article 25 of the Regulation on Criminal Procedure

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