The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the Defendant committed the instant crime with a high blood alcohol level of 0.189% without a driver’s license during the period of suspension of execution, and the Defendant committed the instant crime even though the previous crime had been committed several times, it is necessary to strictly punish the Defendant on the ground that the nature of the instant crime is not very good.

B. Meanwhile, there are extenuating circumstances, such as the confession of a crime and the depth of mistake, the spouse of a de facto marriage diagnosed by a prop-offing blood, etc., and the recipient of a basic living security who supports the punishment of physical disability 2 and old age.

In addition, considering various sentencing conditions indicated in the records, such as the defendant's age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;