The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The fact that the defendant had a record of being punished for the same kind of crime several times, in particular, that the defendant committed the crime of this case again during the period of repeated crime (unlicensed driving) due to the same crime, and that the blood alcohol concentration (0.227%) seems to have driven in the state of exploitation due to considerable high level is disadvantageous to the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s previous conviction, including the fact that the Defendant recognized the instant crime and is against the Defendant, the distance of the Defendant’s driving in drinking condition is relatively relatively long, and the detention of the Defendant would result in a big difficulty to his dependants when the Defendant is prolonged, and the motive and circumstance of the instant crime, the outcome of the instant crime, and the circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts of the facts of the crime recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, except for the deletion of the "six months of imprisonment for the violation of the Road Traffic Act (driving on June 4, 2003) and the violation of the Road Traffic Act (Driving without a license)" from among the criminal records at the Goyang Branch Branch of the Jung-gu District Court in order to delete from the criminal records. Therefore, it is acceptable as it is in

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;