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The defendant's appeal is dismissed.
Reasons
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 defendant recognized his mistake and reflects his mistake, disposes of his vehicle, and commits recidivism.
However, it is also recognized that the Defendant had the history of being punished three times in total, including the suspension of the execution of imprisonment with prison labor for the same crime, and driving of the instant drinking during the suspension of execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination). At the time of the instant case, the Defendant’s blood alcohol concentration at the time of the instant case is relatively high by 0.104%.
In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence imposed by the court below is too unreasonable.
3. In conclusion, 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.