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

2. The judgment of the court below is that the defendant already driven a motor vehicle under the influence of alcohol 0.175% even though he had a history of driving under the influence of alcohol more than twice, and the case is not less than that of the vehicle under the influence of alcohol 0.175%. The driving under the influence of alcohol is a crime that may threaten another person's life and body as well as himself, and requires a strict punishment in accordance with the purport of the amended Road Traffic Act. The defendant has past records of having been punished several times due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (one time of suspended sentence of imprisonment and five times of fines).

However, in full view of the circumstances favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant was born from around 10 years ago due to the depression, depression, etc., and the fact that it seems inappropriate to carry out community service order, and other circumstances that are conditions for sentencing specified in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable, and thus, the defendant's above assertion is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is so decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. The reversal of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act.