The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the Defendant had the record of having been sentenced to the suspended sentence of imprisonment for 2001 and to April 2002 for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes on May 15, 2020, and was sentenced to the suspended sentence of six months on May 23, 2020 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. As long as the above judgment became final and conclusive on May 23, 2020, the Defendant committed the crime of this case, and the Defendant committed the crime of this case with a very high alcohol concentration of 0.184% among blood content of the Defendant of this case, it is inevitable to sentence the Defendant’s sentence.

However, the above drinking driving power is about 18 years prior to approximately 18 years, that the defendant has an opportunity to reflect after being reduced for three months, that the defendant has been responsible for the cost of medical care for suffering from aging while living with daily labor, and that it can be difficult to protect the medical care when he/she is detained for a long time.

The appeal is being filed, and when the sentence of imprisonment is finalized in this case, the suspended sentence of the above 2020 should be invalidated and the sentence of the above 16 months should be imposed, which seems to be harsh to the defendant, and the defendant will not destroy the motor vehicle after this case and will not repeat again.

The sentence of the court below against the defendant needs to be mitigated in full view of all the sentencing conditions shown in the argument of the case, such as the defendant's age, family relationship, and circumstances after the crime.

The decision is judged.

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

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.

[Grounds for the judgment below] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are stated in the judgment below.