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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is deemed to require a strict punishment for the defendant in light of the fact that the defendant had been punished twice or more due to drinking driving, and that the crime of this case is not less than three times, in light of the purpose of the Road Traffic Act, which is the punishment for raising the statutory punishment in the case of drinking driving, and that the defendant has the record of being punished five times, including two times of imprisonment due to drinking driving, and that the defendant re-driving despite being in the period of repeated crime due to the same crime, and that the defendant's blood alcohol content is considerably high at 0.197%. However, the defendant's confession of the crime of this case and there is no traffic obstacle such as traffic accident, etc. due to the defendant's drinking driving, and that the defendant must support the aged's old age whose health is not good due to dementia, and that the defendant's age, character, family relationship, and circumstances after the crime of this case are considered to be unfair and that the court below's assertion that the sentencing of this case is unfair.
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 summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Article 148-2 (1) 1 of the Road Traffic Act, which select the punishment for the crime;