The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the accused committed the instant crime, even though he/she had the record of punishment for multiple times due to drinking driving (suspension of execution of sentence and fine).

At the time, blood alcohol concentration was high to 0.234%, and the defendant did not comply with the drinking control and escaped.

However, the defendant has no record of being punished for a crime of the same kind for the last five years.

Defendant’s mistake in the crime of this case is divided in depth, and reflects it, and is living as a sincere member of society without reoffending it.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment 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 Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions shall be repeatedly considered);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;