The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of lecture order for compliance driving, 120 hours of community service order) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Drinking driving is a crime that may inflict a significant harm on an unspecified person, and its social risk is considerably high.

The Defendant committed the instant crime even though he/she had been punished several times for traffic-related crimes, including two times of a fine due to drinking driving and refusal to measure drinking, and one time of a suspended sentence of imprisonment.

At the time of committing the instant crime, the Defendant’s blood alcohol concentration is high to 0.138%, and the Defendant’s minor contact occurrence and crackdowns on the police officers dispatched after receiving the report.

If there is no new change in circumstances that could change the sentence of the court below in the trial at the court below, and comprehensively takes into account the sentencing conditions, such as the defendant's age, occupation, living environment, family relation, etc., as shown in the trial at the court below and the party deliberation, and the scope of the recommended punishment according to the sentencing guidelines, the sentence of the court below is not hot, because it

3. Accordingly, 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.