The judgment of the court below is reversed.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. Considering the fact that the Defendant had a high blood alcohol level at the time of the instant crime, and that the Defendant again committed the instant crime even before several times, strict punishment against the Defendant is required.

However, considering the fact that the defendant is in depth of his mistake, the distance of the defendant's driving is not long, the balance of sentencing with the same crime, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and other conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable, and the above argument of the defendant is reasonable.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;