The defendant's appeal is dismissed.

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the wrong, and that the defendant's health conditions are not good due to alcohol livers, and the detention of the defendant is in a situation where his wife's livelihood is difficult.

However, the crime of this case is deemed to have driven a vehicle under the influence of alcohol not covered by mandatory insurance even though the defendant had been subject to punishment twice or more due to the violation of the Road Traffic Act due to driving of alcohol, in light of the content of the crime, the crime of this case is heavy, the defendant committed the crime of this case without being aware of the fact that the defendant was punished for the same kind of crime and was under suspension of execution due to the same kind of crime, and the Korean Criminal Litigation Act, which adopts the trial-oriented principle and the principle of directness, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial 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 that the circumstances of the defendant's argument of this case are too unfair.

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.