The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (no. 10 months of imprisonment) on the summary of the grounds of appeal is unreasonable.

2. Despite the fact that the Defendant had been punished several times for the same kind of crime, the Defendant again committed the instant crime, and the commission of such crime is not good.

However, the crime place of this case was the road in rural areas where traffic volume was relatively low, and there was no actual traffic accident due to the crime.

The defendant is aware of the crime of this case and is against his will not drive drinking again.

The cargo vehicle owned by the defendant was disposed of.

In addition, there is no criminal offense exceeding the fine.

In light of this, the sentence of the court below is excessively unreasonable compared to the defendant's liability.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 (the point of driving a bicycle without a license for motor device) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for ordinary concurrent crimes (Punishment of any punishment provided for in the crimes of violating the Road Traffic Act, the punishment of which is heavier than each punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment as provided for in the crimes of violation of the Road Traffic Act by persons on October 19, 2016, with heavy circumstances];

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount ( earlier)