The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. Determination:

A. At the time of the instant crime, the lower court sentenced the Defendant to ten months of imprisonment, taking into account the following factors: (a) the Defendant’s blood alcohol concentration was considerably high as 0.164% at the time of the instant crime; (b) the Defendant had the history of serving several times of punishment due to drunk driving; (c) the Defendant appears to be against the Defendant’s mistake; (d) the Defendant appears to have been committed; and (e) the Defendant agreed smoothly with the victim without much damage; and (e) other factors, such as the Defendant’s age, character and behavior, family relationship, motive and circumstance of the crime; and (e) the scope of recommended sentencing guidelines set by the Sentencing Commission.

B. In light of the fact that drinking driving may cause damage not only to his/her own life but also another person’s life and body, it is necessary to strictly punish him/her, and that 4 times including the sentence imposed, and in particular, he/she committed the instant crime on July 12, 2012 only one month since he/she was notified of a summary order of 5 million won due to drinking without a license. Considering the circumstances cited in the grounds for appeal, the lower court’s sentencing, which sentenced 10 months imprisonment through discretionary mitigation, does not seem to be unreasonable.

The grounds for appeal are without merit.

3. 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.