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. In light of the fact that the Defendant had been punished several times due to drinking or unlicensed driving, and that blood alcohol level is 0.124% high, there is a need to punish the Defendant strictly.

However, the defendant has no record of being sentenced to a suspended sentence or heavier punishment for a crime of the same kind, and is expected not to repeat the crime with his depth divided.

It seems that the defendant has an opportunity to sufficiently reflect on the defendant's living in custody for about three months, and the situation is also recognized that he/she should support his/her wife and child.

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

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.

Punishment of the crime

The facts constituting the crime acknowledged by this court are identical to each corresponding column of the judgment below, except that the facts constituting the crime in the second sentence of the judgment below are deemed to be " August 17, 2013" as " August 7, 2013," and therefore, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the above criminal facts is as follows, except for the addition of "a statement made by the defendant in the trial court" to "a statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Road Traffic Act) and the crime of violation of the Road Traffic Act (the without a license) as of August 25, 2013, and the crime of violation of the Road Traffic Act (the punishment specified for the crime of running a motor vehicle) with heavier punishment.