The defendant's appeal is dismissed.

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

2. It is recognized that the judgment of the defendant has a family member to support the defendant, such as the confession and reflect of the facts charged, and the disabled mother and children.

However, in full view of the following circumstances: (a) the Defendant had been sentenced to six months of imprisonment with prison labor due to the same criminal history and the violation of road traffic laws, etc.; and (b) again committed the instant crime even during the repeated crime period; (c) the Defendant had a high drinking level and driving distance; and (d) other various circumstances, which form the conditions for sentencing as shown in the record, such as the Defendant’s age, sexual behavior, environment, and circumstances after the crime, the lower court’s punishment without prison labor is not deemed unfair.

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.