The judgment of the court below is reversed.

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

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

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The court below decided to punish the defendant as a penalty for a violation of the Road Traffic Act (driving) and imprisonment with prison labor. The scope of the punishment is one to three years.

Nevertheless, the lower court, which sentenced the Defendant to five months of imprisonment without legal mitigation or discretionary mitigation, erred in violation of the lower limit of the punishment, thereby making it impossible to maintain the lower judgment as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【Discied Judgment】 The criminal facts and the summary of evidence against the defendant recognized by the court are the same as the entries in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to a fine for drunk driving in 2005; (b) a drunk driving in 2006; and (c) a person was sentenced to a suspended sentence of imprisonment due to a drunk driving or a unlicensed driving in 2007; and (d) a person was repeatedly under the influence of alcohol driving in 207.

In addition, on August 27, 2018, the Defendant was sentenced to a suspended sentence of imprisonment due to an act mediating sexual traffic and became final and conclusive around that time, and committed the instant crime during the suspended sentence period.

However, the defendant recognized all of the crime of this case and reflects the blood alcohol concentration of this case.