A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. In light of the fact that the Defendant again committed the instant crime even if he/she had had the same criminal record in several times, and that the Defendant’s blood alcohol concentration is high, strict punishment against the Defendant is required.

However, considering the fact that the defendant was living in custody for about three months and his mistake in depth, the most recent previous criminal records were about six years, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;