1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That the period of three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that at the time of the instant case, the Defendant’s blood alcohol concentration is higher than 0.152%, and that the Defendant has three times of fines due to driving under drinking and one time of suspended sentence.

However, the defendant would not drive drinking again while she reflects his/her wrongness through the life of detention for about three months.

It is recognized that there is a gap between the last drinking driving of this case and the crime of this case, which is about four years, there is a family member to provide support, such as old parents and young children, the defendant's family members and their neighbors who want to provide the guidance of the defendant, and the defendant's private citizen is detained by the defendant and the operation of the hospital is suspended.

In addition, the sentencing of the lower court is too unreasonable in light of various circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;