A defendant shall be punished by imprisonment for six months.

2. The judgment is an unfavorable circumstance to the Defendant that the Defendant had been punished twice, including a suspended sentence due to the same crime, and that the Defendant caused a traffic accident that caused physical damage while driving the instant drinking, etc.

On the other hand, the fact that the defendant repents and reflects his mistake, there is a family member to support, and the degree of damage of the traffic accident caused by the defendant seems to be minor is the circumstances favorable to the defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s above assertion is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. In light of all the sentencing conditions as examined in the determination of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment shall be determined as ordered by taking into account the following factors: