2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant reflects the mistake, and that the defendant has not been sufficiently spared.

However, in light of the fact that the crime of this case was committed while under the influence of alcohol 0.238% in a significant distance of the defendant driving a vehicle while driving the vehicle, in particular, the crime was committed in a very heavy amount of the criminal liability, the defendant was punished for driving on the road by drinking, the defendant's legal penalty against the defendant constitutes the lowest sentence, the court below's punishment against the defendant constitutes the statutory penalty against the defendant. The Korean Criminal Procedure Act, which takes the trial-oriented principle and direct principle, has the unique area of the first deliberation as to the determination of the sentencing, and there is no change in the conditions of the first deliberation compared with the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The above normal sentence against the defendant does not constitute an unfair change in circumstances, such as changing the defendant's punishment in favor of the defendant, and it does not seem that the court below's oral proceedings were too unfair.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “the pertinent legal provision on the crime of 1. Criminal Procedure” and “the choice of punishment” and “Article 44.”