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 (eight months of imprisonment) is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to another person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. In the past, there are not only the past records that the defendant has been punished several times due to a violation of the Road Traffic Act (one time a suspended sentence of imprisonment and three times a fine) or a violation of the Road Traffic Act (one time a suspended sentence of imprisonment). In particular, on September 27, 2012, the Changwon District Court sentenced the defendant to a suspended sentence of six months for a period of six months, which is sentenced to a suspended sentence of imprisonment for a violation of the Road Traffic Act (one time a suspended sentence of imprisonment and three times a fine). The fact that the judgment became final and conclusive on October 5, 2012, and again repeats the instant crime, which

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant is in a position to support the defendant's mother who has poor mobility, the defendant suffers from pulmonary tuberculosis, and the fact that the defendant does not repeat again, etc., and other circumstances that are conditions for sentencing in the records and pleadings, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., the punishment sentenced by the court below is somewhat unreasonable, and therefore, the above argument of the defendant is reasonable.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;