The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

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

2. Although there are extenuating circumstances against the Defendant, such as the Defendant’s failure to properly grasp the horses, and the Defendant driven a vehicle under the influence of 0.172% of blood alcohol concentration, the Defendant already driven a vehicle under the influence of alcohol level of 0.17%, the Defendant had a history of criminal punishment 7 times or criminal punishment due to a drunk driving in 2004, in particular, even though he had a history of serving a sentence due to repeated driving in 2009 and 2010, he committed the crime of drinking under the influence of this case. However, even though he committed the crime of drinking driving in 209 and 2010, the Defendant was found to have a depth of his mistake; the Defendant was arrested and detained; the Defendant committed a life close to 3 months after the arrest and detention; the Defendant appears not to drive a drunk driving again while disposing of the vehicle owned by the Defendant; and the motive and circumstances leading up to the instant crime; the Defendant’s motive and circumstances leading up to the crime; the Defendant’s age, character, family relationship, etc.

3. In conclusion, 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 with merit.

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances in the preceding);

1. Suspension of execution is repeated under Article 62(1) of the Criminal Act;