The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. It is desirable to refrain from imposing a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from imposing a sentence that does not differ from the first instance court on the sole ground of the difference between the view of the appellate court and the lower court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is inevitable to strictly punish the Defendant, taking into account the following: (a) the Defendant committed the instant crime in which he/she drives a vehicle under the influence of alcohol, including the suspension of the execution of imprisonment due to a violation of the Road Traffic Act, even though he/she had the record of punishment several times, and (b) was under the condition of 0.27% alcohol content during blood at the time.

The court below determined the punishment by fully taking into account all circumstances including the defendant's confession and reflect, and there is no change in the conditions of sentencing compared to the court below on the grounds that there was no change in the conditions of sentencing since the court below did not submit any new data on sentencing in the court below, and it is not recognized that the sentence of the court below was too excessive and exceeded the reasonable scope of discretion, in full view of all the reasons for sentencing specified in the records and arguments of this case.

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.