The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The current Road Traffic Act provides that a person who has violated the prohibition clause on drinking more than twice in order to prevent the driving of drinking, which threatens the safety of road traffic, and to realize the awareness of such prohibition clause, shall be punished more strictly in the event that the person once again drives the drinking. The Defendant has been punished three times prior to the instant case, the Defendant has a history of having been punished three times due to the driving of drinking, the occurrence of a contact accident during the instant driving of drinking, and the volume of alcohol concentration during the pertinent driving of drinking is considerably higher than 0.25%, which is disadvantageous to the Defendant.

However, it appears that the defendant had an attitude to recognize and reflect the crime of this case, and it appears that he had an opportunity to reflect while living a prison life for about 50 days in this case, and that he has no record of crime exceeding a fine, etc. are favorable to the defendant.

In full view of the various sentencing conditions indicated in the instant case, including the circumstances unfavorable to the Defendant as above and favorable to the Defendant, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, and social ties, the lower court’s punishment is somewhat unreasonable.

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 ruled again after pleading as follows.

【Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are 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. An order to attend a course under Article 62-2 of the Criminal Act;