The judgment of the court below is reversed.

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

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

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the accused was sentenced three times to a fine for the same crime, and one suspended sentence, and that the accused attempted to flee when regulating driving under drinking, and that the investigation agency made a false assertion about the situation of driving under drinking and received a request for submission of data, a strict punishment against the accused is required.

However, in full view of the following factors: (a) the Defendant appears to have the attitude of recognizing and opposing the Defendant’s crime; (b) the interval between the existing drinking driving and the short time is; (c) the dementia aging and children are in the position to support them; and (d) the Defendant’s age, sexual behavior, environment, family relationship, etc., the lower court’s punishment is too unreasonable as it 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated 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;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered as above in light of the favorable circumstances);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;