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 (eight 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 another person's life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. The defendant's blood alcohol concentration is relatively high, and the defendant has the past history of having been punished several times (two times of imprisonment, one time of suspended sentence of imprisonment, and five times of fine) due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (recept). In addition, in particular, on November 19, 2013, the defendant was sentenced to three years of suspended sentence of imprisonment for eight months with prison labor for a violation of the Road Traffic Act (one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and five times of fine) from the Changwon District Court Msan Branch Branch on November 27, 2013, which became final and conclusive on November 27, 2013, and again commits the instant crime, which is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the defendant to commit the crime of this case and the fact that the defendant reflects his mistake through confinement life for more than three months, the above suspended sentence becomes null and void and the defendant's two children are in a position to support the wife and the student, etc., and other circumstances that are favorable to the defendant, such as the character and conduct and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments, the sentence imposed by the court below is somewhat unreasonable, and therefore 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

Criminal facts and the summary of evidence recognized by the court.