The defendant's appeal is dismissed.

1. The sentence of the lower court against the accused (two months of imprisonment, two years of suspended execution, two years of probation, 40 hours of probation, 120 hours of community service order) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized the Defendant as committing a crime and reflects the mistake; (b) there is no criminal record exceeding the fine; and (c) the risk of drinking driving is realistic; and (d) there is no traffic accident

However, even though there are two times the records of punishment for the same crime, there are circumstances unfavorable to the defendant, such as the fact that the defendant left to the crime of this case, and that the blood alcohol level at the time of drunk driving was not lowered, etc. In addition, comprehensively taking account of the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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