The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

Defendant

The punishment of the court below against the accused (ten months of imprisonment) is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The defendant has been punished for the same kind of crime several times, and the crime of this case is deemed to have been committed by the defendant while driving in a state without a license for drinking, and the case is significant. However, the punishment imposed by the defendant above the suspension of execution is only once in 2005, and the mistake is divided in depth, and the court below agreed with the victim in the case, and the disease such as urology is deemed to have deteriorated as the case is detained for five months. The degree of blood alcohol content of this case is only 0.058%, and all the all the the all the the the the the the conditions of the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., is unfair.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

(Inasmuch as an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed). Criminal facts and summary of evidence acknowledged by the court are identical to each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Trade name;