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 judgment of the court below acknowledged the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects the wrongness of the defendant, that the family and the fellows of the defendant wanting to have their wife against the defendant, and that there is clear social ties between the defendant, and that the defendant's health conditions are not good due to brain color, urology, high blood pressure, etc.

However, the crime of this case is deemed to have driven a car without a driver's license under the influence of alcohol by the defendant, the liability of the crime was heavy, the alcohol level of the defendant at the time of the suspension of execution of the same crime was 0.257%, the defendant committed the crime of this case at another time without being familiar with the defendant during the suspension of execution of the same crime, and the Criminal Procedure Act of the Republic of Korea, which takes the trial-oriented principle and the direct principle, 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 instance court, and the first sentencing does not go beyond the reasonable scope of the discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the defendant prior to the judgment of the court below do not seem to be too unfair to have taken into account all the circumstances of the defendant's oral proceedings in this case, such as the defendant's age, behavior, etc.

3. In conclusion, the defendant's appeal is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.