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 (eight months of imprisonment) is too unreasonable.

2. The Defendant had a record of criminal punishment on several occasions due to drinking and unlicensed driving, and also committed the instant crime during the period of repeated crime.

At the time of the instant crime, the blood alcohol concentration of the Defendant was very high to 0.179%.

However, the defendant has divided the crime in depth, and disposes of the vehicle and not repeating the crime.

The Defendant is responsible for the livelihood of the 80-year old-old and intellectual disability-3 children with physical disability. Before being detained for the instant case, the Defendant was able to live faithfully in his residence.

The punishment sentenced by the court below is somewhat inappropriate in consideration of the equity, age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the proceedings.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;