The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the driving under the influence of alcohol is an offense that may cause damage not only to an individual, but also to a third person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. In the past, there are not only the past records (one time of suspended sentence of imprisonment and three times of fines) that the defendant has been punished several times due to a violation of the Road Traffic Act (one time of suspended sentence of imprisonment and three times of fines) or a violation of the Road Traffic Act (one time of suspended sentence of imprisonment). In particular, on July 25, 2012, the Changwon District Court was sentenced to two years of suspended sentence for eight months in prison due to a violation of the Road Traffic Act (one time of suspended sentence of imprisonment and three times of fines) in Changwon District Court's support on July 25, 2012, which became final and conclusive on August 2

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, and the fact that the defendant does not repeat the crime again, and the character, conduct and environment of the defendant, the background and result of the crime of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;