The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the statutory penalty for the crime of violation of the Road Traffic Act, among the crimes in this case, shall be ex officio, and since the punishment for the crime of violation of the Road Traffic Act, under Article 148-2 (1) 1 of the above Act, is a imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than 5 million won but not more than 10 million won, in order to sentence the defendant to imprisonment with prison labor for less than one year, the amount to be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act should be reduced. However, while the court below sentenced the defendant by eight months of imprisonment with prison labor, it erred in violation of the minimum statutory penalty by omitting the reduction of the amount to be mitigated, so in this regard, the court below

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Road Traffic Act due to a heavy drinking driving)

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the blood alcohol concentration at the time of driving the pertinent drinking or non-licensed drinking of this case is considerably high by 0.129%, and the Defendant is punished by a fine not exceeding 5 million won due to driving under the influence of alcohol in 2012, and one year of imprisonment with prison labor for driving under the influence of alcohol or without a license in 2015.