The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, and 40 hours of an order to attend a course) of the lower court is deemed unreasonable.

2. The circumstances favorable to the defendant may be considered, such as the fact that the defendant acknowledges and reflects his mistake, and that the defendant again desires not to drive under the influence of alcohol.

However, it is necessary to strictly punish a drunk driving in a very high risk of infringing the lives and bodies of other persons as well as his/her own.

In particular, even though the Defendant had already been punished four times due to drinking driving (one time a suspended sentence of imprisonment and three times a fine), and again, it is highly likely that the Defendant might criticize the drinking driving of this case.

In 2016, when the defendant was punished for a drunk driving, the defendant has been punished for the most recently, and the risk of repeating a drunk driving has also been high by repeating it at the time when it has not been passed thereafter.

In addition, examining the circumstances in which the case was discovered, the defendant reported to the police that the person who was driven by the vehicle following the driver was "on the vehicle driving across the central line and in danger," and the alcohol measurement was conducted against the defendant, and as a result, the defendant was found to have driven by the vehicle under the influence of alcohol concentration of 0.168%.

Although the distance of the defendant's driving in the state of breath is not less than 2 km and the case was not less than 2 km and the accident occurred frequently, there was a dangerous situation that may lead to a large-scale accident due to the central erosion of the central line.

The Defendant stated that the circumstances during which he was driving under the influence of alcohol would have been driving under the influence of alcohol, and there is no part to take into account.

Considering such unfavorable circumstances and the fact that the defendant has already been faced with the suspended sentence of imprisonment even though he commits a crime that includes a drunk driving, there is a need to strictly punish the defendant.