1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On August 1, 2017, the Defendant was sentenced to a two-year suspended sentence due to a crime of violation of the Road Traffic Act (driving under the influence of alcohol) and the judgment of two-year suspended sentence became final and conclusive. The Defendant committed the instant crime during the suspended sentence period, not only before and after the suspended sentence of imprisonment due to driving under the influence of alcohol, but also after the suspended sentence of imprisonment, six times the criminal records of the instant crime due to the instant crime, and the degree of alcohol content in the instant blood is relatively high to 0.091%, and it

However, it is also recognized that the defendant acknowledges all of the crimes in this case and reflects that there is no criminal record of the defendant, that the defendant suffers from high blood pressure, etc. due to the age of 80 years old, and that the health of the defendant is not good, and that the spouse needs to assist the defendant due to inconvenience of his spouse.

In addition, considering various circumstances such as the character, character, environment, family relationship, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, the imprisonment sentenced by the court below is considered to be too unreasonable.

3. The judgment 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.

(Inasmuch as Defendant’s appeal has been received, the Prosecutor’s appeal shall not be separately dismissed in the text). Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the lower judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 of the Road Traffic Act concerning criminal facts.