The judgment of the court below is reversed.

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

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the judgment defendant has been punished several times due to the same kind of crime is disadvantageous to the defendant.

Meanwhile, the following are the circumstances that are favorable to the Defendant: (a) the Defendant recognized the Defendant’s mistake, the driving distance is relatively short; (b) the Defendant’s blood alcohol concentration at the time of the instant case is relatively low; (c) personal and material damage has not occurred; (d) the Defendant disposed of the vehicle driven after the instant crime; and (e) the Defendant’s social relationship appears to be relatively smooth.

Considering the above circumstances and other conditions of sentencing as indicated in the records, including the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's above assertion 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, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted 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;

1. In light of the various circumstances examined in the determination of sentencing of Articles 53 and 55(1)3 of the Criminal Act on the grounds of sentencing pursuant to Article 55(1)3 of the Criminal Act, the punishment as set forth in the text shall be determined.