The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

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

2. Determination

A. On October 7, 2020, the Defendant’s defense counsel for ex officio determination stated the summary of the oral argument as of October 7, 2020 on the date of the first trial of the court of first instance on October 7, 2020, and argued that the Defendant’s remarks as stated in this part of the facts charged do not have any possibility of public performance and dissemination, and that the judgment of the court below erred by

The above assertion by the defendant's defense counsel is filed after the deadline for submitting the statement of grounds for appeal expires, and thus cannot be a legitimate ground for appeal.

However, the above assertion can be understood to the purport of urging the court to exercise its authority as provided by Article 364(2) of the Criminal Procedure Act. Thus, in full view of the contents of the statement as stated in this part of the facts charged and the situation at the time of the instant case, the defendant's defense counsel's allegation on this part is without merit, since the defendant can fully recognize the performance and dissemination of the statement as stated in this part of the facts charged.

B. Although there are circumstances such as the fact that the defendant has been subject to criminal punishment for the same kind of crime on several occasions, the blood alcohol level is high, the occurrence of an accident during drunk driving, and the breathing through the police officer dispatched to the scene of the accident, etc., the nature of the crime is not good, the defendant's mistake is recognized, the defendant has no criminal record exceeding the fine, the previous crime for drunk driving and the crime of this case has a somewhat time interval between the defendant and the crime of this case, and the defendant seems to raise minor children, and the defendant seems to be fostering the minor, and all other circumstances leading to the sentencing conditions indicated in the records, such as the defendant's age, character, behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, the sentence of the court below is too inappropriate.