The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (eight months of imprisonment) is too unreasonable;

2. Prior to the instant crime, the Defendant had been punished for drinking without a license for driving under the influence of alcohol, and in particular, on December 7, 2010, the Defendant was sentenced to a suspended sentence of two years on the grounds of refusal of drinking alcohol measurement, etc. on December 7, 2010 and was engaged in driving without a license even during the suspended sentence.

The blood alcohol concentration of this case is considerably high by 0.390%.

These circumstances are disadvantageous to the defendant.

However, there is a favorable condition for the defendant, such as the fact that the defendant recognized his criminal act and reflected in depth, disposed of the vehicle of this case, that neighbors want to support the defendant's wife, that there is a family member to support the defendant, and that there is no criminal record of the same kind of punishment.

In addition to this point, the sentence of the court below is deemed to be too unreasonable in light of various circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;