The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The Defendant’s judgment recognized the instant crime, against the mistake, and did not repeat the crime.

The fact that the defendant's blood, alcohol concentration in the blood of the defendant is not significantly high, the defendant's consciousnesss desire to leave the defendant's wife against the defendant, and the defendant's health status is not good, are favorable to the defendant.

However, the Defendant repeatedly committed the instant crime even though he/she had a history of criminal punishment on four occasions, including a sentence, due to a crime of driving under the same kind of alcohol, and the Defendant was punished twice by a fine due to a crime of driving without a license, and the crime of driving under the influence of alcohol is an offense which may inflict harm on the life, body, or property of another person as well as the offender, and requires a strict punishment therefor.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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 without merit. It is so decided as per Disposition (Article 53 of the Criminal Procedure Act on the grounds that it is apparent that the Defendant’s appeal was omitted from “Article 55(1)3 of the Criminal Act” following the “Article 53 of the Criminal Procedure Act” in the application of the law of the lower judgment, and thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.