The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The gist of the grounds for appeal is that the Defendant appealed against the Defendant on the grounds that the Defendant’s imprisonment (ten months of imprisonment) declared by the lower court is too unhued, and that the prosecutor is too unhued and unreasonable.

2. The judgment of this case is that the defendant escaped while driving a motor vehicle while under the influence of alcohol 0.139% of alcohol content, and the case is grave, and that the defendant has a criminal record of driving under the influence of alcohol, and that the defendant has a criminal record of driving under the influence of alcohol, but it is recognized that the defendant led to the crime of this case in excess of 2 months, and has no criminal record other than 1 times prior to a fine due to driving under the influence of alcohol, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance and agreed with the victim, and the defendant is considered to have lived with the victim in good faith. In full view of all other circumstances, the judgment of the court below is unreasonable, taking into account the following factors: the defendant's age, environment, character and conduct, motive of the crime, and circumstances before and after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of 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. Article 5-3(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act.