The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In light of the following factors: (a) the Defendant, who had been punished several times, including the crime of violation of the Road Traffic Act due to a drunk driving and the crime of violation of the influence of alcohol driving, was under the influence of committing a repeated crime; (b) the risk of repeating a crime by driving a vehicle without being able to do so even during the period of repeated crime; and (c) the level of alcohol concentration in the instant case, etc., the nature of the crime and the crime cannot be deemed to be light.

However, considering the following factors: (a) the Defendant’s perception of the instant crime and reflects the mistake in depth; (b) the distance driven in the drinking condition is only 30 meters; and (c) the elderly’s mother who suffers from dementia should support the mother of the aged who suffers from dementia; and (d) the Defendant’s age, character and character, occupation and environment, circumstances leading to the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;