The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the instant crime even though he had been subject to three times punishment due to driving of alcohol, and that the Defendant’s blood alcohol concentration at the time was 0.141% high.

However, the fact that the defendant recognizes and reflects the crime of this case, and disposes of the vehicle that was driven at the time of this case, and will not further repeat the crime.

There are extenuating circumstances such as the fact that the defendant's family and branch members want to take the lead of the defendant's wife and the defendant's wife, the previous conviction of the defendant in around 2016, around 2015, and around 2008, which have been punished for not more than the last five years, and there are no criminal records more than the suspension of execution, the defendant's health is not good due to urology, and the defendant supports the wife and two children, and the defendant has half of the sentence of the court below, and the defendant has half of the sentence of the court below, and therefore, it is effective to observe protection and observe, provide community service, and order to attend lectures while suspending the execution of imprisonment at this point, and to prevent recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, 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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Road Traffic Act applicable to criminal facts;