The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances to be considered, such as the Defendant’s refusal to commit the instant crime, are recognized.

However, the defendant's blood alcohol concentration at the time of driving alcohol is low.

According to the fact that it is impossible to do so, the distance from driving without a license is considerable, the defendant has been punished more than once for the same crime, and in particular, the defendant cannot expect the opening of the crime of this case because he has committed the crime of this case again during the period of suspension of execution. Therefore, the defendant shall be sentenced to imprisonment with prison labor.

In full view of the above circumstances and the fact that there is no special circumstance that the original court and the punishment are different from the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the lower court’s sentence of imprisonment with labor with a minimum legal penalty through reduction of volume, taking into account all favorable circumstances for the Defendant, it does not seem unfair because the lower court’s punishment 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.