The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The sentence of the court below (six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, which constitutes a crime of violating the Road Traffic Act as stated in the judgment of the court below, is Article 148-2(1)1 and Article 44(1) of the Road Traffic Act. The statutory penalty is imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than five million won but not more than ten million won and not more than 10 million won, and the sentence of imprisonment with prison labor for not less than six months may not be imposed within the scope of the applicable sentences which have chosen imprisonment with prison labor for the said crime. However, the court below erred

In this respect, the judgment of the court below is no longer maintained.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances below against the defendant) is as follows: (a) the defendant led to the confession of the crime of this case; (b) the defendant is in an economically difficult situation; and (c) the defendant is in a position to be economically difficult; and (d) the defendant's health is not good due to arbitritis, etc.; and (c) the circumstances favorable to the defendant are recognized.

However, the crime of this case is deemed to have driven a car while under the influence of alcohol by the defendant, and the crime of this case is serious in light of the circumstances and contents of the crime.