The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. The Defendant had been punished several times due to drinking, non-licenseless driving, refusal to measure drinking, etc., and was sentenced to imprisonment with prison labor for 10 months on June 27, 2013 and 2 years on probation, and committed the instant crime during the period of probation.

The drinking alcohol level was 0.182% high in the license without a license.

However, the defendant does not cause a traffic accident, but does not commit a second offense by reflecting the error of crime in depth.

Although the defendant lives difficult to work on a daily basis, he/she has supported the elderly parents who are not healthy due to dementia, hearts, etc.

In addition, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is somewhat inappropriate.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries 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. 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;