The judgment of the court below is reversed.

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

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

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

On December 15, 2016, the Defendant was sentenced to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and for the violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) by the Cheongju District Court on December 15, 2016, and sentenced to imprisonment for 8 months and for 2 years of suspended execution, and committed the instant crime at the same time when the period of suspended execution has not elapsed, and the blood alcohol concentration of the Defendant at the time of the instant case

The conditions favorable to the defendant shall be as follows:

In addition to the punishment of the above suspension of execution, the Defendant has no record of punishment, and all of the crimes of the instant case were led to a profound reflection on his mistake.

In addition, this case does not cause serious results such as human damage, etc., and the distance of drinking driving is only the area of 500.

The family and the neighbors of the defendant want to have the wife against the defendant.

In addition, considering the overall sentencing factors indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be 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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc. for criminal facts.