The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized the driving of the instant drinking alcohol is an element of sentencing favorable to the Defendant.

On the other hand, the blood alcohol concentration (0.166%) is considerably high at the time of driving the instant drinking, the Defendant had been prior to driving of drinking three times (2013, fines in 2014, fines in 2014, and imprisonment in 2016). Among them, the Defendant’s criminal records are factors for sentencing disadvantageous to the Defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, the court below's punishment is only within the reasonable scope of discretion and is not recognized as unfair because it is too unreasonable, in full view of all the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, criminal records, motive and background leading to driving of the drinking of this case, and circumstances after driving of drinking.

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