The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is that the defendant, even though he had had the record of drinking alcohol twice or more, drives a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.075%, and the case is not less than that of this case, and the defendant has been punished several times due to driving without a drinking license or refusal of drinking alcohol measurement in the past (two times of imprisonment, one time of suspended sentence of imprisonment, six times of fine) in the past. In particular, the defendant was sentenced eight months to imprisonment with prison labor for the violation of the Road Traffic Act (unnecessary measures), the violation of the Road Traffic Act (Refusal of Drinking Measures), and the violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on January 10, 2013, and the fact that the defendant was in the period of repeated crimes after completion of the execution of the sentence on September 11, 2013, and is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and rebuttal of the defendant, that the drinking alcohol level of the defendant at the time of the instant case is relatively low to 0.075%, that is not an accident caused by the defendant's driving of the instant case, that is, the defendant's location to support the old age of 82, that the defendant would not repeat again, and that the defendant would not repeat again, etc., the circumstances favorable to the defendant, the character and conduct and environment of the defendant, the background and result of the instant crime, the circumstances after the crime, etc., and that are conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is recognized to be inappropriate.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

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. Thus, Article 369 of the Criminal Procedure Act is applicable.