The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The crime of this case, which is judged, is disadvantageous to the defendant, even though the defendant had a history of being sentenced one time to suspend the execution of a crime of the same kind, and two times of fines, and is deemed to have driven while under the influence of alcohol, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not repeat the instant crime; (c) there is no history of criminal punishment exceeding a suspended sentence; (d) the period of reflectability by being detained for more than two months; (c) the blood alcohol concentration is not relatively higher than 0.088%; and (d) the driving distance is less than about 20 meters; and (e) the Defendant appears to have significantly impeded the livelihood of the said family when the period of detention is long as the period of detention is long as he/she supports his/her wife and children; and (c) other factors such as the Defendant’s age, occupation, sex, environment, circumstances following the instant crime, and circumstances after the crime, etc., the lower court’s punishment seems to be unfair because it is too too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection.