The defendant's appeal is dismissed.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the depth of the instant crime; (b) the Defendant was driving to work in a state where drinking on the following day is not broken; and (c) the Defendant was receiving alcohol addiction treatment and again making the Defendant not to drive alcohol again.

However, considering the above favorable circumstances, the court below seems to have already decided a sentence by discretionary mitigation. The current Road Traffic Act provides that a person who has violated the prohibition clause on drunk driving twice or more shall be punished more strictly in the event that he drives under the influence of alcohol again for the purpose of preventing the driving under the influence of alcohol that threatens the safety of the road traffic and overcoming the awareness of it. The defendant has the records of punishment five times as a drunk driving (4 times a fine and one time a suspended sentence) prior to the crime of this case. The defendant's blood alcohol concentration at the time of regulating the crime of this case exceeds 0.249% in consideration of the defendant's blood alcohol concentration at the time of the crackdown. Although the defendant's alcohol concentration at the time of the detection could have sufficiently known that the defendant was still under the influence of alcohol at the time of the detection, such as the defendant's entrance at the time of the detection, it appears that the defendant's own situation and other circumstances, such as the defendant's age, family relation, criminal records, character and environment, means and circumstances of the crime of this case, etc.

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