The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. The judgment is based on the following circumstances: (a) even though the Defendant had been under suspended sentence for the same kind of crime, the Defendant appears to have high possibility of criticism by committing the instant crime; (b) there appears to be no opening; and (c) the Defendant did not short the distance of the Defendant’s driving at the time and did not cause danger due to drinking driving, which is disadvantageous to the Defendant.

On the other hand, however, the fact that the defendant recognized the crime of this case and did not repeat the crime of this case, and that there are some circumstances that can be considered in the living environment, such as the defendant's health condition is not good, etc., are favorable to the defendant. In full view of all the sentencing conditions in the arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. In conclusion, 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 with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (referring to the circumstances favorable to the defendant in the above paragraph (2)) shall be 1.