A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. It is recognized that the judgment of the defendant is divided into and against his own crime, the defendant's running distance of 200 meters due to his driving condition is merely about 200 meters, and the defendant has no record of criminal punishment exceeding a fine.

However, drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and family of itself as well as others by raising the possibility of traffic accidents, and thus requires strict punishment. At the time of the crime of this case, the Defendant’s blood alcohol concentration is very high to 0.190%, and thus, the nature of the crime is inferior, and in fact, the Defendant is driving albba in the state of drinking.

On July 29, 2016, there was a history that the defendant was sentenced to a fine of KRW 100,000 from the Jeonju District Court on January 23, 2017 as a crime of violation of the Road Traffic Act (unlicensed Driving) and a fine of KRW 2.5 million from the Suwon District Court on March 15, 2017 and a fine of KRW 2.5 million from the Jeonju District Court on April 17, 2017 to a traffic accident in the absence of the report of 112 by a third party who discovered such a fact, and the defendant was sentenced to a fine of KRW 4 million from the former District Court on July 29, 2016.

In addition, considering the Defendant’s age, character and conduct, environment and other sentencing conditions, the lower court’s punishment seems to be somewhat uneasible and unfair.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is reviewed.