The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The Defendant is against the Defendant who recognized the facts charged.

However, the Defendant committed the instant crime during the period of repeated crime due to refusal of drinking measurement, etc., and the alcohol concentration in the instant blood does not lower than 0.102%, and the distance of the Defendant driving approximately 9.3km.

In addition, the defendant has already been punished for seven times due to drinking driving and refusal to measure drinking, and three times due to non-licenseing driving.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.