The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the instant crime, the Defendant had been already punished for four times as a drunk driving and two times as a non-licensed driving, and in particular, on April 28, 2017, the Defendant again committed the instant crime during the period of suspension of execution, even though the said judgment was finalized on May 9, 2017 after sentenced to six months of imprisonment for the same violation of the Road Traffic Act at the Ulsan District Court as of April 28, 2017, and was sentenced to two years of suspension of execution (the current period of suspension of execution is limited).

Blood alcohol concentration is considerably high by 0.135%.

The above is the circumstances unfavorable to the defendant.

However, the defendant was aware of the crime of this case and recognized the mistake.

The distance of operation is relatively short to the extent of 50 meters, and the position that the elderly's elderly's elderly's mother and 10 married children should be seen, and it is hard to avoid such crimes in the future.

The above is the circumstances favorable to the defendant.

In full view of the circumstances favorable to the Defendant and the factors of sentencing indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

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 following judgment is rendered again.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

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