The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is unfair in light of the various sentencing conditions shown in the records and arguments of this case, including the fact that the defendant was punished four times due to drinking driving, while driving the drinking of this case in this case, the defendant did not repeat again, such as breaking his mistake, scrapping his vehicle, etc., the defendant did not have any record of being punished due to drinking for the last four years, and the health condition of the wife that the defendant and the defendant should support is not good.

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 again ruled after pleading 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19