The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Considering the fact that the Defendant had a history of criminal punishment four times due to a drunk driving, and that there was a very high risk, such as driving on an expressway under the influence of alcohol at the time of the instant case, and driving on an expressway and driving on an accident under the influence of divers, etc., the Defendant should be punished strictly.

However, in full view of the following facts: (a) the Defendant recognized the Defendant as committing a crime and divided his mistake in depth; (b) blood alcohol concentration was not high; (c) there was time interval between the previous crime and the instant crime; (d) the last criminal record was punished by a fine; (c) the Defendant was detained for about three months; and (d) the Defendant appears to have the time to seriously reflect his character and behavior; and (e) other sentencing conditions specified in the instant records and arguments, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime; and (e) circumstances after the crime, etc., the Defendant’s character and behavior need to be improved in a state that is not isolated in society; and therefore, (e) the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

【Reason used in the judgment of the court below] Criminal facts and summary of the evidence acknowledged by the court below as criminal facts and summary of the evidence are as stated in each corresponding column of the judgment below, except where the crime of violation of the Road Traffic Act, which first reduces the first head of the crime of the judgment of the court below, is deemed as "violation of the Road Traffic Act, etc." and the second sentence as "violation of the Road Traffic Act" is deemed as "violation of the Road Traffic Act, etc."

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;