The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and two hours of community service order) declared by the court below is too unhued and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to confession and reflects, and the fact that an accident occurred due to the driving of the defendant.

However, since the crime of this case was committed under the influence of alcohol without a license by the defendant, it is not easy for the case to be punished strictly in accordance with the purpose of the amended Road Traffic Act, which could threaten the life and body of others, as well as the drinking driving of this case. In the past, the defendant has been punished several times due to the same or similar crimes (two times of suspended sentence of imprisonment, three times of fines) such as the crime of violation of the Road Traffic Act, the violation of the Road Traffic Act (unlicensed Driving), the violation of the Road Traffic Act, and the violation of the Road Traffic Act (Refusal of Measurement), and on July 30, 2012, when the court was sentenced to a fine of four million won as of June 2, 2012, the defendant's statements about the record of drinking alcohol driving and unlicensed driving of this case on August 13, 2012, and the interval between the above defendant's past and the above crimes can not be seen as being unfair after considering the following circumstances and circumstances.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court shall be shown in each corresponding column of the original judgment.