A defendant shall be punished by imprisonment for one year.

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

2. Considering the risk of an accident that causes the driving of drinking in the current road traffic situation where many and unspecified persons use to determine, and the possibility of the occurrence of a serious damage therefrom, the social necessity to strict driving of drinking is very high.

The provision of the statutory punishment for drinking driving at least twice under the Road Traffic Act, which provides for a fine of not less than 10,000, but not more than 20,000 won, is reflected in such legislative intent.

In full view of all the circumstances revealed in the records and pleadings including the fact that the Defendant had been punished due to drinking alcohol driving, which is highly likely to be subject to criticism, and that the level of drinking measurement was also high despite the fact that the Defendant had already been punished due to drinking alcohol driving, the lower court’s punishment is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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;