The defendant's appeal is dismissed.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant does not repeat the crime by reflecting the error of the crime in depth, and the defendant's wife and children (the children of middle school and elementary school students) must support the defendant.

However, the Defendant had been punished several times due to the same kind of crime, and even if he was punished for suspended execution due to drinking driving in 2009 and 2012, he committed the instant crime.

The alcohol level of blood alcohol was 0.24% high.

The drinking driving is a serious criminal threatening the life and body of himself/herself and others, and the defendant also has a risk of causing a traffic accident due to drinking while driving on the road, and immediately after the control, he/she takes a bath to the traffic officer, refuses to affix his/her seal on the report on the statement of the drinking driver's situation without any justifiable reason, and there is a high possibility of criticism after the crime.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it 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 ground that it is without merit. It is so decided as per Disposition.