The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

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

2. The judgment of the defendant has a history of criminal punishment four times for the same crime, and in particular, on January 23, 2015, he/she committed the instant crime even if he/she was sentenced to imprisonment for eight months due to a violation of the Road Traffic Act (driving) on January 23, 2015, and was sentenced to a suspended sentence of two years, he/she committed the instant crime; he/she has a high alcohol concentration in blood; and continuing to drive a parked vehicle even though he/she has shocked

However, in full view of the following: (a) the Defendant’s mistake was divided in depth and did not repeat again; (b) the Defendant disposed of the vehicle to practice it; (c) there was time interval between the past and the instant crime; (d) the driving distance was very short as driving in the apartment complex after using the substitute driving at the place of drinking at the time; and (e) the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., are considered to be too 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.

【The grounds for the judgment in its entirety] The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as follows: (a) the first head of the facts constituting a crime of the court below; (b) the first head of the first and second part of the facts constituting a crime of the court below; and (c) the Seoul Central District Court (Seoul District Court) put “the penalty amount of KRW 2.5 million upon receiving a summary order of KRW 2.5 million”; and (d) the second part “the crime of violating road traffic law (driving), etc.” are as stated in each corresponding column of the court below, except for the second part “the crime of violating road traffic law” as stated below

Application of Statutes

1. Criminal facts;