Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The judgment of the court below is that the defendant committed the crime of drinking in this case even if he had previous convictions (one time of suspended execution (one time of 2016), four times of fine (one time of 200, two times of 2003, and one time of 2015) which had already been punished for driving several times, and the drinking value of this case is very high at the end of driving, and the accident occurred due to non-products generated in the course of driving and causing physical damage to other vehicles. On the other hand, the judgment of the court below is disadvantageous to the defendant. On the other hand, since the drinking of this case still remains at a time of drinking, regardless of the water surface of the day of drinking in this case, the defendant was able to take measures according to the remaining conditions of drinking, and the defendant was able to drive the motor vehicle due to the water surface, and the defendant seems to have a weak criminal intent, and the defendant's argument that the defendant's vehicle was able to be able to have been able to suffer from the crime of this case.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below.