The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the imprisonment of eight months and the suspension of execution of two years, the community service order 160 hours, and the lecture order for compliance driving 40 hours) is too unreasonable.

2. The crime of this case is found to be disadvantageous to the Defendant, such as the fact that the Defendant, while under the influence of alcohol content 0.084% in blood, was making a false statement at an investigative agency to the effect that he/she was driving a car while under the influence of alcohol, and that he/she was driving a car to Dong E in order to avoid punishment. In light of the content of the crime, there is heavy criminal liability in light of the crime, and that the Defendant had recently been punished for driving under the influence of alcohol.

However, considering the fact that the defendant led to the confession of the crime of this case, there is no record of the crime exceeding the fine, the fact that the social ties relation of the defendant is relatively clear, such as the defendant's wife's desire to take the defendant's wife against the defendant, and other various circumstances, which form the conditions for sentencing, such as the defendant's age, sexual conduct, environment, etc., the sentence of the court below against the defendant is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, 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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving alcohol), and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;