The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The fact that the defendant's mistake is recognized and against himself, the defendant's social ties is clear, such as the fact that the blood alcohol concentration of the defendant's blood at the time of the instant case was relatively high, and his family and his son sought the preference of the defendant, etc., are favorable to the defendant.

On the other hand, the fact that the defendant had been punished several times, including three suspended execution due to the crime of drinking driving, and in particular, the fact that the defendant committed the crime of this case during the suspended execution period is disadvantageous to the defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the family relation, health status, age, sexual conduct, environment, motive for committing a crime, and the circumstances after committing a crime, it is difficult to view that the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.