1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant had already been sentenced to four times of punishment, including one time of suspended sentence due to driving under drinking or unlicensed driving, and the judgment of two years of suspended sentence became final and conclusive on December 7, 2017 due to the obstruction of performance of official duties, etc. The Defendant committed the instant crime during the period of suspended sentence.

However, it is also recognized that the defendant recognized the crime of this case, the blood alcohol concentration in this case is not relatively high to 0.079%, and if the sentence of this case is finalized, the sentence of this case is invalidated for four months, and the defendant should additionally return the sentence, the defendant's health is not good, it is difficult to conduct economic circumstances, and the defendant's will want to leave the defendant's wife.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws on criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc.

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