The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s crime of drinking of this case and driving without a license was committed under the influence of alcohol and mental and physical loss or mental weakness by drinking.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, it is recognized that the Defendant was in a state of drinking alcohol at the time of committing the instant crime without a license, but in light of the Defendant’s ordinary drinking volume, the circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, etc., the Defendant was in a state of having no or weak ability to discern things or make decisions due to drinking.

Therefore, the defendant's above assertion cannot be accepted.

B. It is recognized that the Defendant’s recognition of the instant crime and reflects the judgment on the wrongful argument of sentencing.

However, the Defendant was punished for the same type of crime such as drinking and driving without a license (including three times before and after the suspension of the execution). In particular, even though the Defendant was sentenced to the first instance court on May 26, 2016 to drinking during the same probation period and driving without a license, on August 26, 2016, the Defendant committed the instant crime again during the probation period, even though he was sentenced to three years of probation in the appellate court.

The drinking level at the time of the crime of this case is also high.

In addition, when comprehensively considering the defendant's age, sex, environment, family relationship, circumstances leading to the crime, etc., the conditions of sentencing indicated in the records, such as the circumstances after the crime, and where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court's punishment is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.