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.

The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.

Judgment

The crime of this case is that the defendant driven a considerable distance from 30km under the influence of alcohol level of 0.136%, and the liability for the crime is not less than that of the defendant, the accident that meets the central separation unit during drinking driving, and the fact that the defendant has been punished several times for the same crime is disadvantageous to the defendant.

However, in full view of the fact that the defendant living in custody for a period exceeding three months and reflects his mistake in depth, that there has been no record of having been sentenced to punishment until now, that there has been family members to support the defendant, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 1, and 44 (1) of the Road Traffic Act, the choice of penalty for imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;