The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

(2) for a period of two years from the date the judgment became final and conclusive.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Although the Defendant had been punished several times due to the same crime, the Defendant again committed the instant crime, and the blood alcohol concentration level at the time of the instant crime is considerably high.

These circumstances are disadvantageous to the defendant.

However, the defendant does not repeat again recognizing the crime of this case.

The circumstances are favorable to the defendant, such as the fact that the defendant's custody did not cause a traffic accident due to the crime of this case, the fact that the defendant drives a low risk, the fact that the defendant supports a pregnant woman showing symptoms of dementia, etc., and the detention of the defendant seems to entail excessive difficulty to his family members, and the fact that the defendant's branch want to leave the defendant's wife.

When comprehensively taking into account all the factors of sentencing as shown in the instant argument, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the sentence imposed by the lower court is heavy.

The decision is judged.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 148-2 subparag. 1, 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Article 46(2)2 of the Guarantee of Automobile Compensation Compensation Act.