The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination of the Defendant had the record of having been punished for drinking driving multiple times, and the Defendant again committed the instant crime even though the Defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in 2006 and was sentenced to a suspended sentence of imprisonment due to driving without a license in 2016, etc., is disadvantageous to the Defendant.

On the other hand, the fact that the defendant was an accident at the time, and that the last drinking driving force was 2013, is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, family environment, motive and background of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

The defendant's assertion pointing this out is with merit.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;