The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a two-month imprisonment) is too unreasonable in light of the fact that the Defendant was engaged in alcohol during the period of probation as a crime of refusing to measure alcohol, and that he was engaged in drinking and driving alcohol due to cardiopulmonary pain.

2. It is recognized that the judgment of the defendant is based on the time when the crime of this case is committed and against the defendant.

However, the crime of this case is about 800 meters operated by the defendant while under the influence of alcohol 0.136% of blood alcohol concentration. In light of the degree of blood alcohol concentration and the defendant's condition at the time of detection of drinking driving of this case, the defendant is highly likely to be subject to criticism. The defendant has already been punished once a suspended sentence due to the same crime and three times a fine due to the same crime only after 2000, and in particular, the defendant committed the crime of this case without being aware of the suspended sentence due to the violation of the Road Traffic Act (Refusal of Drinking Measures). In light of the circumstance of the crime alleged by the defendant, it is without good faith even considering the circumstance of the crime, and the drinking driving of this case must be strictly prohibited for the order of road traffic and the safety of traffic congested, so it is necessary to keep the light of the defendant's age, character and behavior, the motive and circumstances leading to the crime of this case, circumstances leading to the crime of this case, and the above circumstances after the crime of this case are considered to be unfair.

3. In conclusion, 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.