The defendant's appeal is dismissed.

1. The sentencing of the court below (10 months of imprisonment) is too large and unfair.

2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and non-licensed driving, and in particular, committed the instant crime during the suspension period of the execution of imprisonment with prison labor due to drinking and non-licensed driving.

The alcohol level at the time of driving the instant drinking reaches 0.141%.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is without merit. Thus, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the application of the statute of the lower judgment clearly shows that the entry of reduction of volume was omitted by mistake, and thus, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Small amount reduction: 53 and 55(1)3 of the Criminal Act are added.”