The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

2. In light of the fact that the Defendant had a record of criminal punishment twice for the same criminal record, the Defendant committed the instant crime during the period of repeated crime, the occurrence of traffic accidents due to driving of the instant drinking, and the high alcohol concentration during blood, it is inevitable to sentence the Defendant to a sentence.

However, in full view of all the records and arguments of this case, including the fact that the defendant recognized the crime and was in violation of depth, the fact that there was no sentence exceeding a fine due to the same criminal record, and the defendant's age, sexual conduct, environment, and circumstances after the crime, the sentence of the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;