The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant’s attempt to commit the instant crime and reflect in depth the mistake, and thus, would not drive under drinking again; and (b) the Defendant’s punishment becomes final and conclusive as a result of the instant case, depending on the company’s regulations, the sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of community service, and 120 hours) is too unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

With respect to this case, the health department and the lower court appears to have determined the sentence by fully taking into account the above favorable circumstances alleged by the Defendant, and taking into account the Defendant’s age, character and conduct, environment, details and circumstances of the instant crime, circumstances after the instant crime, etc., and the circumstances where new sentencing data that could change the sentence of the lower court was not added in the trial, it cannot be deemed that the lower court’s punishment is deemed reasonable and that it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.