The defendant's appeal is dismissed.

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

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is no additional damage caused by the crime of this case, and that there is difficulty in promoting the project due to the detention of the defendant is a favorable circumstance.

However, the Defendant had a history of being punished several times due to drinking driving, and was sentenced to a suspended sentence of ten months on October 27, 2016 due to driving without a license for drinking, and was sentenced to a suspended sentence of two years on which he/she had been sentenced to a suspended sentence of ten months, and repeated the instant crime even during the grace period; the Defendant appears to have taken into account the circumstances that have already been favorable to the Defendant at the lower court; there is no special circumstance or circumstance that may be considered for new sentencing after the lower judgment was sentenced; and in light of all the sentencing conditions in the instant case, including the Defendant’s age, sexual behavior, environment, the background and consequence of the instant crime, and the circumstances after the crime, the Defendant’s above assertion by the Defendant is groundless.

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.