The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. It is desirable to refrain from imposing a sentence that does not vary from the judgment of the first instance court, if there is no change in the conditions of sentencing compared with the judgment of the first instance court, and if the sentencing of the first instance does not deviate from the reasonable scope of the discretion, it is reasonable to respect it. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is reasonable to refrain from imposing a sentence that does not differ from the judgment of the first instance court solely on the ground that the opinion of the appellate court differs from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to refrain from imposing a severe punishment against the defendant in light of the following: (a) the distance in which the defendant drives under the influence of alcohol ( approximately five km); (b) the blood alcohol concentration at the time was higher than 0.120%; and (c) the power that the defendant was punished several times including the suspended sentence of imprisonment for the same kind of crime.

The lower court determined the punishment by fully taking account of all circumstances, including the circumstances alleged by the Defendant on the grounds of appeal, including the confession and reflectiveness, and there is no change in the conditions of sentencing compared with the lower court on the grounds that there was no change in the conditions of sentencing since the new sentencing materials have been submitted in the trial at the lower court. In full view of all of the reasons for sentencing as shown in the records and arguments of this case, it is not recognized that the lower court’s

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.