The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character and environment, social relation, etc., the lower court’s punishment seems to be unfair and unfair, on the grounds that the Defendant’s confession and reflects the instant crime, the alcohol level at the time was not higher than 0.063%, and the instant crime was not led to an accident.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;