The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. Determination of the Defendant’s blood alcohol concentration is considerably high, and the Defendant’s history of punishment for the same past is disadvantageous to the Defendant. However, in full view of the various circumstances indicated in the records of the instant case including the Defendant’s age, character and conduct, and environment, the sentence of the lower court is excessively unreasonable, considering the following as a whole: (a) the Defendant’s wife, while living under water for a period of not less than three months, was living in the nearest period of the instant crime; (b) the Defendant’s wife was able to actively treat the Defendant’s alcohol dependence; and (c) the Defendant was sentenced to a suspended sentence for imprisonment for a period of not more than 2006 due to a drunk driving; and (d) the Defendant was sentenced to a fine of not more than 2010 years, except for a fine of not more than 10 years after the Defendant was sentenced to a suspended sentence of imprisonment for

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

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