The judgment of the court below is reversed.

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

1. The sentence (10 months) pronounced by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment has the career of serving three times or one-time punishment due to driving under drinking, and the defendant was sentenced to eight months of imprisonment due to the crime of violating the Traffic Act on April 16, 2018, and two years of suspended sentence, and again commits the crime of driving under the instant drinking and non-licensed driving without any knowledge even though the judgment became final and conclusive on April 24, 2018, and was under suspended sentence, and considering the fact that the defendant again commits the crime of driving under the instant drinking and non-licensed driving without any knowledge, and that the defendant’s blood alcohol concentration level is considerably high, a sentence of imprisonment with prison labor is inevitable.

I would like to say.

On the other hand, however, the defendant shows the attitude of opposing his mistake, and it seems that there are some circumstances to consider the background leading up to the driving of each drinking and non-licensed driving in this case, three times among the four times of punishment due to the driving of drinking or non-licensed driving in this case, which has not been sentenced to imprisonment or imprisonment without prison labor for not less than 10 years, and the defendant has not been sentenced to imprisonment or imprisonment without prison labor for not less than 10 years, and other various sentencing conditions specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, motive, circumstance, means and consequence of the crime, etc., it is judged that the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it 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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148-2(1)1 and 444 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.