The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too heavy or is unreasonable.

2. On the other hand, the Defendant once again driven the instant drinking during the period of suspension of execution due to the same kind of crime (Provided, That as of the date the judgment of the court of first instance is rendered, the period of suspension of execution is limited to the above period of suspension of execution), and the blood alcohol concentration is considerably high by 0.13%, and the Defendant has three times the punishment history due to driving of alcohol and the punishment history due to driving without a license.

However, if the defendant is detained, the defendant reflects the facts charged and raises the two daughters who are the second or third grade of the middle school and the third grade of the elementary school, and if the defendant is detained, there is no person to care for two daughters.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. As such, the Defendant’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (inasmuch as the Defendant’s appeal is without merit, but the judgment of the court below is reversed by accepting the Defendant’s appeal, the prosecutor’s appeal shall not be dismissed in the order). The summary of facts constituting an offense and evidence acknowledged by the court is identical to those stated in the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;