The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal unreasonable sentencing

2. The Defendant had a record of having been punished several times due to drinking driving, and, in particular, repeated the same crime even during the period of suspension of execution due to the same kind of crime.

However, the defendant led to the confession of crimes and reflects the mistake.

It is relatively short that the distance of the defendant's driving is about 500 meters.

The defendant has a child in need of support, and if the defendant is detained for a long time, there is a concern that the defendant's living will be difficult.

Considering the above circumstances 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 and means of the crime, and circumstances after the crime, the sentence of the court below is deemed unfair.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Determination of punishment as ordered in consideration of the reasons for reversal of sentencing under Articles 53 and 55(1)3 of the Criminal Act with regard to discretionary mitigation.