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 main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

In light of the social risk of the crime of drunk driving, strict punishment is required for repeated drinking driving.

I would like to say.

However, the defendant has been punished for two times or for drinking driving, and one time of which is the subject of suspended sentence, and the remaining one time of suspended sentence is the subject of a fine, but is the subject of a fine.

In addition, on January 16, 2018, the defendant was issued a summary order as a crime of violation of the Road Traffic Act (unclaimed Measures after Accidents).

On the other hand, the following conditions are favorable.

There are young children who have to support the defendant without the spouse and the mother who is in the process of kidneing.

On June 15, 2019, the defendant recognized and reflected his mistake, and disposed of the vehicle.

Criminal records related to the last drinking driving of a defendant are about five years from the date of occurrence of the criminal facts of this case as of January 16, 2014.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discretionary Judgment】

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;