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. Determination

A. In light of the fact that the defendant has the same criminal power, and in particular, the defendant has been sentenced to six months of imprisonment for a crime of violation of the Road Traffic Act on May 2, 2014, and two years of a suspended sentence, and the defendant has repeated the same crime even though he/she had been sentenced to a suspended sentence, it is inevitable to sentence the defendant to imprisonment with prison labor.

B. However, in full view of the following factors: (a) the Defendant led to the confession and reflect of the instant crime; (b) there is a family member to support the Defendant; (c) the blood alcohol content at the time of driving of the instant case was not high to 0.073%; and (d) if this judgment becomes final and conclusive, there are circumstances where the suspension of execution is invalidated; and (b) other factors such as the Defendant’s age, character and conduct; (c) the motive and circumstance leading to the instant crime; (d) the motive and circumstance leading to the instant crime; (e) the circumstances before and after the instant crime; and (e)

C. Therefore, the defendant's above assertion is justified.

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 evidence admitted 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;