The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The judgment of the defendant has a record of being punished for the same kind of crime several times, and in particular, the defendant committed the crime in this case again during the suspended execution period that was sentenced due to drinking driving is disadvantageous to the defendant.

However, in full view of all the sentencing conditions such as the defendant's recognition of a crime, the defendant's mistake appears to be repented in depth without being detained for more than two months, the blood alcohol content (0.067%) relatively low and driving distance is not long, the situation that some of the circumstances can be taken into account in the situation of drinking driving as operation is going to go in order to put the wife discharged after the treatment of hospitalization at a hospital, the defendant disposes of the vehicle again with his mind that he does not drive again, the defendant disposes of the vehicle in consideration of the motive of the crime including the elderly and health condition, the motive of the crime including the defendant's old and health condition, the result of the crime, and the circumstances after the crime, etc., the sentence of the court below is considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 of the Criminal Act: