The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

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

2. The judgment of the Defendant, even though he/she had been subject to punishment two times due to the same kind of crime, was driving again under the influence of alcohol, and the blood alcohol concentration is considerably high so that the quality of the crime is not very good.

However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable and unfair, considering all the following factors: (a) the defendant has no record of criminal punishment exceeding a fine due to drinking driving; (b) the defendant has no particular traffic accident; and (c) the defendant seems to have caused the time of reflectiveness through confinement for a considerable period of time; and (d) the defendant's age, sex, environment, motive, means and consequence of the crime; and (e) other all the sentencing conditions, such as

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances as seen earlier);

1. The sentencing of Article 62-2(1) of the Criminal Act on the grounds of the observation of protection and the order to attend lectures shall be determined in full view of the various circumstances as seen earlier.