The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal unreasonable sentencing

2. The Defendant had been punished several times, such as imprisonment three times with prison labor due to the crime of drinking alcohol driving and refusal to measure drinking, fine, etc., and in particular, the Defendant committed the instant crime among the probation periods due to the same crime of drinking alcohol driving.

In light of this point, it is inevitable to sentence the defendant to sentence.

However, considering various sentencing conditions in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., such as the fact that the defendant led to the confession and mistake of the crime, the health of the defendant is very poor, and there is a family to support the defendant, such as his parent, etc., if the defendant is detained long-term, there is concern that his/her living could be difficult if he/she is detained.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited 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 former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 (amended by June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

1. Determination of punishment as ordered in consideration of the reasons for reversal of sentencing under Articles 53 and 55(1)3 of the Criminal Act with regard to discretionary mitigation.