A defendant shall be punished by imprisonment for not less than eight months.

In particular, it is unreasonable that the court below made a heavy sentence on the grounds that the circumstances of drinking driving are peeped.

2. Determination

A. Article 51 of the Criminal Act, which provides for the conditions of sentencing, is interpreted as belonging to the court's discretion on the determination of punishment widely.

However, in light of such fact-finding discretion on sentencing of the appellate court, and the principle of balance of punishment or the principle of accountability that adequate balance between the crime and the punishment should be carried out (see Supreme Court Decision 2005Do7288, Apr. 19, 2007) in light of the principle of responsibility that the defendant should be held responsible and proportional (see Supreme Court Decision 2005Do7288, Apr. 19, 2007). As such, the inherent limitation exists within the scope of judgment on sentencing as to the crime committed by the defendant, the fact-finding court, based on the crime prosecuted against the defendant, did not prove the motive or result of the crime, which is not included in the sentencing condition under Article 51 of the Criminal Act, such as the circumstance after the crime, etc., as well as the circumstance that does not constitute a separate crime that is not included in the sentencing condition under Article 51 of the Criminal Act, even though it was not proven by evidence having the probative value of evidence to the extent of excluding a reasonable doubt, making the judgment on the actual sentencing.