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 Defendant had a record of being punished several times due to drinking and unlicensed driving, and also committed the instant crime during the period of repeated crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.115%.

However, the defendant has committed a crime in depth and has not committed a second offense.

After the divorce, the defendant, alone, supports the parents of the elderly, and has lived faithfully in the residence with the death of the elderly.

In full view of all the sentencing conditions as shown in the records and arguments, including equity in similar cases, age, character and conduct, environment, motive and circumstance leading to the instant crime, etc., the sentence imposed by the lower court is somewhat 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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;