The defendant's appeal is dismissed.

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

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.

On the other hand, driving under drinking is highly likely to pose a threat to the life and body of others, and there is a need to strictly punish it, and the fact that the defendant has been punished several times for the same kind of crime including the suspension of the execution of imprisonment with prison labor, but has caused a traffic accident due to the driving of drinking in this case is disadvantageous.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.