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. The circumstances favorable to the fact that the defendant recognized the instant crime and reflected in the judgment, and there are family members to support the instant crime.

However, the defendant has been punished twice due to the same crime (the penalty, the suspension of execution), the driving of drinking is highly necessary due to the risk of the accident, and the alcohol concentration level in the blood is 0.128%.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.