The defendant's appeal is dismissed.

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

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Drinking driving is a crime that may cause a significant harm to an unspecified person, and its social risk is considerably high.

In 2016, the defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) and a fine of 6 million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) in 2018, and a violation of the Road Traffic Act (driving).

At the time of the instant case, blood alcohol concentration is high to 0.117%, and there is no new change in circumstances that could change the original court’s punishment in the trial.

In addition, when comprehensively considering the sentencing conditions such as the defendant's age, living environment, and family relationship, the sentence imposed by the court below is done within the reasonable scope of discretion and is not hot.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.