The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. In addition, the crime of this case is not good in that the defendant was punished several times for the same kind of crime, and the defendant was punished for the same crime as the first head of the crime of the judgment below, and committed the crime of this case within the period of repeated crime.

However, in full view of the following circumstances: (a) the Defendant’s recognition of the instant crime, the Defendant’s blood alcohol content is 0.060% and the Defendant’s blood alcohol content is not high; (b) the distance of driving is not less than 100 meters; and (c) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s above assertion of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was issued a summary order of one million won for the violation of the Road Traffic Act at the Suwon District Court on August 4, 201, and the defendant was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act (driving) at the Sungwon District Court on June 20, 201, and the defendant was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act (driving) at the Sungwon District Court on Seongbuk-nam branch on June 20, 2013." Thus, it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation for repeated crimes;