The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor, 80 hours in community service, and 40 hours in a compliance driving instruction) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects the Defendant, and there is no criminal record other than the fine.

However, the Defendant committed the instant crime by driving under drinking, even though he/she had been punished twice due to driving under drinking (each of the fines in 2012 and 2016, that due to the commission of a traffic accident while driving under drinking in 2012, and that due to the commission of a traffic accident while driving under drinking), and even though he/she had been punished once due to driving without a license (the fine in 2016), he/she committed the instant crime.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., 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.