The judgment of the court below is reversed.

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

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

2. The Defendant had been convicted of driving four times of alcohol, and the alcohol level at the time of the previous crime is very high 0.19%, 0.246%, etc., and the Defendant was sentenced to a sentence and served for the sentence, but again committed the instant crime. Since the blood alcohol level at the time of the instant crime is very high 0.151%, the Defendant shall be sentenced to a sentence.

However, in full view of all the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., which are favorable to the defendant, such as the fact that the defendant was not punished for the same kind of crime after 2007 and that the defendant's health condition is not good, etc., the sentence of the court below 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 defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment as ordered shall be determined by comprehensively taking into account the various circumstances as seen earlier prior to the reason for sentencing of imprisonment, pursuant to the pertinent Article of the Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act regarding the crime, the selective sentencing of punishment of imprisonment, and the following circumstances: