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 (ten months of imprisonment) is too unreasonable.

2. The Defendant had a record of criminal punishment on several occasions due to drunk driving, and committed the instant crime at the same time during the period of repeated crime.

At the time of the instant crime, the blood alcohol concentration of the Defendant was very high to 0.183%.

However, the defendant was divided in depth into the crime and did not repeat the crime, and the defendant is responsible for the living expenses of wife and children who were in the third year of high school while working at the construction site.

In addition, the sentence imposed by the court below is unreasonable in consideration of all the sentencing conditions shown in the records and arguments, such as equity, age, character and conduct, environment, health condition, etc. of the defendant.

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