1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the Defendant had already been sentenced to a four-time fine due to drunk driving, and the other two-year suspended sentence was finalized on June 21, 2017 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury). The Defendant committed the instant crime during the suspended sentence, and the alcohol concentration in the instant blood transfusion is relatively high to 0.10%, and it is recognized that the instant crime was committed during the suspended sentence.

However, it is also recognized that the defendant recognized all of the crimes in this case, there is no criminal conviction against the defendant, three times of the defendant's previous convictions before 2005, the defendant should support his family including his mother under the age of 81, and the economic situation of the defendant is not good.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the punishment sentenced by the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 (2) 2, 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. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;