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 fact that the defendant made a confession of the crime of this case and reflects the mistake, and that the family members and the members of the defendant seem to clearly have a social ties, such as the defendant's desire to leave the defendant's wife.

However, the crime of this case is deemed to have driven a vehicle under the influence of alcohol twice or more due to the violation of the Road Traffic Act by the defendant's driving of alcohol, and in light of the contents of the crime, the responsibility of the crime is heavy; the defendant committed the crime of this case without being aware of it during the period of suspension of execution of the same kind of crime; the defendant's blood alcohol concentration level was high; 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; 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 fall under any special change in circumstances that could change the sentence of the court below after the sentence of the court below, and it seems that the defendant's age, the defendant's environment, and the circumstances of this case were too unreasonable.

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.