The judgment of the court below is reversed.

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

1. The punishment of the court below (one year of imprisonment) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. There are circumstances such as the fact that the Defendant had been sentenced to six times or more as a result of drinking driving since 2002, and the Defendant was sentenced to imprisonment for eight months or more as a result of drinking driving, in particular, committed the instant crime during the period of repeated offense after having been sentenced to imprisonment for a period of eight months or more as a result of drinking driving, and the Defendant’s blood alcohol content measured at the time of the instant case is considerably high to 0.164%, and the Defendant’s blood alcohol content is considerably high to 0.164%, and the Defendant’s repeated drinking driving needs to be able to improve the Defendant’s legal attitude and prevent the occurrence of human life from drinking driving.

On the other hand, however, the defendant's time to commit the crime of this case is against himself, the defendant was suffering from dementia due to a brush condition, and the defendant has been living together. If the defendant has been detained for a long time, there is no person to take care of her mother who is mixed in the brupt. The defendant's assertion is justified, taking full account of various circumstances, such as the defendant's age, environment, character and conduct, the process and motive leading to the crime of this case, the circumstances after the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments are considered to be inappropriate since the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The criminal facts of the defendant and the summary of the evidence recognized by this court are stated in the corresponding columns of the original judgment.