The judgment of the court below is reversed.

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

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

2. Determination Doctrine, the fact that the defendant had been punished several times for the same kind of crime, and the fact that he/she had a non-license or drinking driving again during the suspension of execution due to the same kind of crime is disadvantageous to the defendant.

On the other hand, however, the defendant recognized the crime, tried to solve alcohol problems through counseling and treatment after committing the crime, one person campaign to stop drunk driving in front of the government office, submit a written oath to stop drunk driving in front of the government office, etc. The fact that public transportation is used after disposing of the vehicle, the fact that social relation is clear, such as voluntary community service in welfare facilities for the aged, the fact that family and branch members want to support, the fact that there are family members, the degree of blood alcohol level is relatively high, the fact that the blood alcohol level is not going beyond the traffic accident, the fact that the defendant's age, character and behavior, the circumstances after the crime, etc., the sentence of the court below is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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

Application of Statutes

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparag. 1 of the Road Traffic Act for criminal facts.