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 on the defendant (eight months of imprisonment) is too unreasonable.

2. The statutory penalty for the crime of violation of the Road Traffic Act, ex officio determination, is “a punishment of imprisonment with prison labor for not less than one year but not more than three years” under Article 148-2(1)1 of the Road Traffic Act, and thus, a fine of not less than five million won but not more than ten million won is to be imposed on the Defendant. Therefore, in order to impose a sentence of imprisonment with prison labor for less than one year, a small amount of imprisonment shall be mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act.

Nevertheless, the lower court, while sentencing the Defendant for eight months of imprisonment, committed a violation of the minimum statutory penalty by omitting the reduction of the amount of punishment in the application of statutes.

Therefore, the judgment of the court below cannot be maintained in this respect.

3. If so, there is a ground for reversal ex officio as above. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the criminal records prior to the suspension of the execution of imprisonment with prison labor, and the Defendant again commits the instant crime during the suspension period of the execution of imprisonment with prison labor for this type of crime. In order to achieve the preventive purpose of the Defendant’s punishment, the instant case needs to be strictly punished.

However, the defendant was found to have been driving while driving to return home on the following day after drinking alcohol.