The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant, despite the fact that the Defendant was punished five times by a fine due to the crime of drinking alcohol driving and refusing to measure drinking, and that the Defendant again committed the crime of drinking alcohol driving in this case despite the fact that the Defendant had been punished once a suspended sentence of imprisonment, is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

Criminal records related to the last drinking driving of a defendant are about six years prior to the date of occurrence of the criminal facts of this case as of February 12, 2013.

Defendant acknowledges and reflects crimes.

The Defendant requested a motor vehicle transaction business office to sell his own motor vehicle.

There are families to support the defendant.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

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.

【Discretionary Judgment】

1. Article 148-2(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Articles 44(1)1 and 44(1) of the relevant Act on criminal facts; the choice of imprisonment with labor

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;