The defendant's appeal is dismissed.

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, the fact that the defendant reflects the wrongness while making a confession, and the detention of the defendant's wife is in a difficult situation.

However, the crime of this case is deemed to drive a car while under influence of alcohol more than twice in spite of the fact that the defendant had been punished for driving under influence of alcohol without permission, in light of the content and frequency of the crime, the responsibility of the crime is heavy, the defendant committed the crime of this case during the period of probation due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Escking Vehicles), the defendant has several records of punishment for the same crime, the defendant has the unique areas of the first deliberation as to the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, and there is no change in the conditions of sentencing compared with the first trial, and the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not correspond to changes in circumstances that could change the sentence of the court below after the judgment of the court below was rendered, and it does not seem too reasonable to take into account the circumstances in the defendant's pleadings.

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