A defendant shall be punished by imprisonment for one year.

2. The Defendant committed the instant crime even though he/she was punished by driving at least five times from January 2002 to November 7, 2013, and was under suspended execution due to interference with the performance of official duties. Thus, the Defendant was seriously punished for the Defendant.

However, the Defendant: (a) while driving the instant drinking, reported to the police by himself; (b) the Defendant ought to look at the mother who is not healthy; and (c) the Defendant would not drive the drinking again after disposing of his own vehicle.

In full view of the fact that the court below's punishment is too heavy, taking into account the following: the defendant's age, sexual conduct, environment, and circumstances after the crime, and various conditions of sentencing as shown in the pleading: the punishment imposed by the court below is too heavy.

The decision is judged.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;