The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, 40 hours of compliance driving lectures) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant was punished by a fine of 208, 201, and 3 times, 2012 due to a violation of the Road Traffic Act, and a violation of the Road Traffic Act (non-licenseed driving) and was punished by a fine of 2014 and twice, 2015.

On October 22, 2015, the Defendant conducted a police investigation on the ground of a non-license or drinking without permission on October 22, 2015, but later on January 24, 2016.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant has the wife and children in need of support.

After committing the instant crime, the Defendant visited the department of mental health of the Chungcheong University at the National University of the Republic of Korea and consulted with him to stop driving of drinking again.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is unreasonable.

Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[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. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.