The judgment below

The guilty portion shall be reversed.

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

1. The lower court dismissed the public prosecution against the Defendant regarding intimidation among the facts charged in the instant case, and convicted the Defendant of the remainder of the facts charged, and dismissed the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal against the conviction was separated and finalized as the period of appeal expires, and thus, in the first instance court, the judgment of the lower court is to be tried only for the convicted portion among the facts charged.

2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The Defendant had the record of having been punished several times as a non-measures after driving or thinking. Nevertheless, the Defendant, as indicated in the instant charges, committed a crime of drinking and a violation of the Road Traffic Act (not after an accident) on July 12, 2016, and thereafter, committed a crime of violating the same Act on July 12, 2016, there are circumstances unfavorable to the Defendant that there is a risk of recidivism, such as drinking and driving

However, since the crime of this case was committed, the defendant's mistake in depth and reflects it, there was no record that the defendant has been punished in excess of the fine, and since the motor vehicle comprehensive insurance was purchased on the motor vehicle of this case, damage recovery was made to the victim of the crime of violation of the Road Traffic Act (unnecessary measures after the accident).

In addition, the sentence of the court below is too unreasonable if it comprehensively takes into account the various circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records.

4. As such, the appeal against the defendant's unfair sentencing is with merit. Thus, the conviction part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court, and summary of the evidence, are relevant to each of the offenses of the judgment below.