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. The Defendant had been already punished several times due to drunk driving, such as a fine, suspension of execution, and sentence, and even during the period of repeated crime, committed the instant crime.

At the time of crime, the blood alcohol concentration of the defendant was considerably high by 0.159%.

However, as the defendant is divided in depth into the crime, he does not repeat the crime such as disposing of the owned vehicle.

Before the Defendant was detained in the instant case, the Defendant was attending the E company with good faith, and the Defendant’s cohabitant F, who is not healthy due to urology, experienced difficulties in living due to the absence of the Defendant.

In full view of the age, character and conduct, environment, and all other factors of sentencing as shown in the pleadings, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, 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. Article 35 of the Criminal Act among repeated crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);