The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant can have a record of driving alcohol, and the fact that drinking alcohol is considerably high at the time of driving alcohol in this case is disadvantageous to the defendant.

However, in light of various circumstances that are the conditions for sentencing as shown in the record, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the crime, the lower court’s punishment seems to be too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (within the scope of adding up the long-term punishments of the crimes against death or injury resulting from dangerous driving) with heavier penalty: Provided, That the lowest penalty shall be