The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Although the Defendant had been sentenced two times to a fine due to drinking driving, and had been sentenced one time to a suspended sentence, and again committed the instant crime, the nature of the crime is not good. However, the Defendant has been under confinement for a considerable period of time, and the Defendant has been under confinement for a considerable period of time, and there is a mother to support the Defendant, and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

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 again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;