The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant had already been under the influence of alcohol twice or more, and the case is not less than that of driving a vehicle while under the influence of alcohol 0.130% at the time, and the defendant has been subject to punishment several times due to drinking driving and driving without a license (three times a suspended sentence of imprisonment and four times a fine) in the past.

However, in full view of all the circumstances that are favorable to the defendant, such as the circumstance that the defendant is led to confession and reflect, that is not an accident due to the defendant's drinking driving of this case, that is, the fact that the defendant is in a position to support his parents, his wife and his daughters, that the defendant would not repeat again, and that the defendant would not repeat again, etc., and the character, behavior and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime of this case, etc., the punishment imposed by the court below is somewhat unreasonable, and therefore, the above argument by the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Considering the favorable circumstances as seen in the ground for reversal);