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. Circumstances unfavorable to the defendant are as follows.

The amount of alcohol concentration in the defendant's blood is high.

The defendant has a large number of criminal records, such as criminal punishment on about seven occasions due to drinking and driving without a license.

In addition, the crime of this case was committed on July 29, 2016 after being sentenced to a violation of the Road Traffic Act due to one drinking driving, and released from the court on July 29, 2016, and again committed the crime of this case during the period of the repeated crime.

Circumstances favorable to the defendant shall be as follows:

The defendant shows the attitude that the defendant was able to properly understand and reflect the crime of this case.

The defendant needs to support her mother, her denied, and her aged child (here, her mother, her mother, her child aged 8, her child aged 2, her first care, and her mother), and her mother is suffering from liver cancer and does not have good health conditions.

In addition, comprehensively taking account of the defendant's age, sex, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the records, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

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 with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Traffic Act, Article 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.