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. It is recognized that the Defendant recognized his mistake and reflects his mistake, disposes of Otoba and treats recidivism, there is a family member to support the recidivism, and the distance from which Otoba-free driving without a drinking license is about about 60 meters.

However, it is also recognized that the Defendant had a total of five times of punishment, including the suspension of the execution of imprisonment for the same kind of crime, and in particular, the Defendant committed the instant crime during the suspension of execution due to the crime of violating the Road Traffic Act ( Drinking), and that the Defendant’s blood alcohol concentration at the time of the instant case is relatively high than 0.116%.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence imposed by the court below is too unreasonable.

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.