A defendant shall be punished by imprisonment for six months.

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

2. The Defendant again committed the instant crime even though he/she had been punished several times (three times of imprisonment, one time of suspended sentence, and one time of fine) since 2000 due to drinking driving, etc.

At the time, the blood alcohol concentration of the defendant was 0.229% higher.

However, the crime of this case is driving a motorcycle while under the influence of alcohol by the defendant, and the distance of driving under the influence of alcohol is short of 150 meters.

There are circumstances in which the Defendant committed the instant crime in depth and did not repeat the instant crime, and support the wife with mental disorder.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;