The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (no. 10 months of imprisonment) is unfair because it is too unreasonable.

2. The defendant's erroneous determination that he/she would not drive drinking again.

Considering the fact that the alcohol level of the Defendant’s blood alcohol level exceeds 0.229% and exceeds 0.05% which is a legally permitted limit, and the Defendant was punished once the suspension of the execution of imprisonment or three times of fines due to drinking, and even the Defendant was punished by a fine. The Defendant again committed the instant drinking driving even though he was under the suspension of the execution of imprisonment, and there is a high risk that may cause serious damage to another person’s life, body or property, and the driving of drinking is likely to cause serious social harm and injury. The Defendant committed the instant drinking in compliance with the police officer’s regular instructions at the time of the instant control, and the Defendant committed the instant drinking in compliance with the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the instant crime, means and consequence of the crime, and circumstances after the crime, etc., it cannot be said that the lower court’s punishment is excessively unfair by taking full account of various circumstances revealed in the pleadings in the instant case, such as the Defendant’s age, sexual behavior, family relationship, means and consequence.

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.