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 (unfair sentencing) of the lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. The fact that the instant crime was committed on three occasions, including the record of the judgment suspended execution, and the period of suspended execution for the same kind of crime is terminated and long has not yet passed, and that the blood alcohol concentration is high is disadvantageous to the Defendant.

However, in full view of the fact that the driving distance is not long, the fact that it does not go against the depth, the fact that it is necessary to support the elderly suffering from dementia, and other various conditions of sentencing as shown in the record, such as the background of the crime, the age, sexual behavior, environment, etc., the sentence of 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 as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;