The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment shows the attitude that the defendant led to the confession of facts constituting an offense, and the driving of the drinking of this case did not cause a traffic accident, the fact that the defendant is the most likely to support two children and wife, and that the family members and branch members of the defendant want to take the front place is favorable to the defendant.

However, in full view of various circumstances, such as the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, which are the conditions for sentencing specified in the records and pleadings, the lower court’s punishment is too unreasonable, and thus, cannot be deemed unfair, by taking account of the following circumstances: (a) the Defendant was punished several times for the same kind of crime; (b) the Defendant committed the instant crime, which is driving under the influence of 0.202% alcohol concentration in blood again within five months after the suspended sentence was rendered due to drinking driving; and (c) the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime.

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.

However, as the “Article 37 and Article 38 of the Criminal Procedure Act” among the “application of statutes” of the lower judgment is apparent that it is a clerical error, it is to delete and correct ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.