The judgment below

Part concerning the second offense in the judgment shall be reversed.

A fine of 10,000 on the second offense against the defendant's judgment.

1. The judgment of the court below against the defendant in the summary of the grounds for appeal (the first crime: the imprisonment of 8 months and the imprisonment of 4 months) is too unreasonable.

2. Determination

A. As to the crime No. 1 in the holding, it is favorable for the defendant, such as the fact that the defendant recognized the criminal facts, that the blood alcohol level at the time is not relatively high, that it is necessary to consider equity with the case where the judgment is rendered concurrently with the crime of violation of the Road Traffic Act (driving at the time of the judgment of the court below), and that support the mother who is not good health.

However, in addition to the defendant was punished several times as a same crime, and the defendant was prosecuted as a crime of violation of the Road Traffic Act and is pending in trial, there are circumstances unfavorable to the defendant, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, which are shown in the arguments of this case, such as the defendant's age, character and behavior and environment, the motive, means and consequence of the crime, it cannot be deemed that the court below's punishment on this part is excessively unreasonable.

Therefore, the defendant's assertion of unreasonable sentencing is without merit.

B. As to the crime No. 2 of the holding, even if the defendant was punished several times for the same crime, the fact that the defendant went to the crime of this case at another time, and was sentenced on May 7, 2019 by the Ulsan District Court to a suspended sentence of one year for a violation of the Road Traffic Act ( sound driving) on May 15, 2019, and the judgment became final and conclusive on May 15, 2019 and went to the crime of this case during the suspended sentence period is disadvantageous to the defendant.

On the other hand, however, the fact that the defendant recognizes the facts of the crime and is against the defendant, some of the circumstances that can be considered in the process of the crime are shown, the driving distance is not long, and the defendant supports the poor elderly, etc. are considered as favorable circumstances for the defendant, and the family relationship of the defendant.