The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. The Defendant again committed a similar crime against C during the period of repeated crime due to the commission of the crime, such as intrusion upon C’s residence, intrusion upon D’s residence, property damage, etc., and the details and quality of the crime is not good. Although the Defendant had been punished four times due to a drunk driving, he/she again committed a crime of drunk driving, and the fact that the blood alcohol concentration level was high, is disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant accepted the entrance damaged by the defendant, that the victim C does not want the punishment of the defendant under the agreement with the defendant, that the accident occurred due to the drinking driving, that the vehicle was not re-offending while disposing of the vehicle, and that three of the four children is a minor.

Examining the aforementioned circumstances and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 369(1) of the Criminal Act applicable to the crime, Articles 366(1) and 366 of the Criminal Act, Articles 148-2(1) and 44(1) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.