The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. In the past, there are not only the past records that the defendant has been punished several times due to a violation of the Road Traffic Act (two times of suspended sentence of imprisonment, and four times of a fine) or a violation of the Road Traffic Act (non-licensed driving). In particular, on January 23, 2014, in the Changwon District Court Branch Branch of Changwon District, the defendant was sentenced to a suspended sentence of six months for a period of six months, and the judgment became final and conclusive on February 4, 2014, and again repeats the crime of this case, which is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant is in a position to support his mother, and the fact that the defendant does not repeat again, and all other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable, and therefore, the above argument by the defendant is reasonable.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving), and the Road Traffic Act;