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. It is recognized that the circumstances, such as the fact that the Defendant is a person with a disability of class 3 in delay, recognized his/her mistake, and against himself/herself, are recognized.

However, the defendant has already been punished several times due to drinking driving, and in particular, on January 28, 2016, the Daegu District Court sentenced the imprisonment for six months to the 2-year suspension of execution due to the violation of the Road Traffic Act (refluence of drinking), and was in the period of suspension of execution, despite the fact that the defendant committed the crime of this case under the high level of 0.166% alcohol level during blood transfusion even though he was in the period of suspension of execution.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the above circumstances, the lower court’s punishment is too unreasonable.

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