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 sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant had a record of being punished for six times a drunk driving and two times a non-licensed driving in the past, and in particular, on July 6, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspension of the execution, and the said judgment became final and conclusive on July 14, 2017, again during the period of suspension of the execution, is deemed to bring the instant drinking driving and non-licensed driving, and thus, is highly likely to be subject to criticism.

피고인은 전날 술을 마신 후 이 사건 당일 술이 깼다고 생각하고 음주운전에 대한 인식 없이 운전을 한 것이라고 하나, 피고인이 2017.경 운전면허가 취소되어 운전면허가 없음에도 별다른 범죄의식 없이 이 사건 당일 차량을 계속 운행하고 다녔다는 점에서도 피고인을 엄히 처벌할 필요는 충분하다.

However, it appears that the Defendant’s blood alcohol content at the time of the instant case was 0.078% and was not under the influence of alcohol. In light of the Defendant’s assertion in the lower court and the trial court, and the Defendant’s blood alcohol content at the time of the instant case appears to fall under the so-called “nurging operation” as being caused by drinking alcohol at the latest at the night of the day before the instant case, the Defendant misleads the Defendant about the instant crime, and shows his intention not to repeat the instant crime, such as disposal of the instant vehicle after the instant crime. The Defendant’s blood alcohol content at the time of the instant crime was detained for four months, and the Defendant’s children and family members such as the Defendant’s spouse want to actively appear in the back to prevent the Defendant from driving under the influence of alcohol, and the Defendant’s wife continued to take the Defendant’s wife, and the Defendant’s age, age, character and behavior, motive and consequence of the Defendant’s crime, all of the circumstances after the instant crime, etc.